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Brokerage, Technology, Industry, Residential Real Estate

July 26, 2018

Are You Distributing (Syndicating) Your Listing Data?

If the answer is yes, the next question is what data rights do you convey to your broker; your franchisor, your MLS and to the real estate portals such as REALTOR®) dot com, Zillow, Trulia Homes, etc.

With all of the "threats," real and imaginary, data is a crucial component. Your data, and the behavioral data which is collected by the sites to which you syndicate your listing data.

Syndication and the distribution of listing information continue to evolve.

The value of listing information on the web is now a fact proven by the success of some of the real estate portal websites.

So what are some examples of "data rights/restrictions for the publisher?" A sample list follows:

Not allowed to sublicense the licensed data nor use or display licensed data in any derivative works.

May not capture leads from the display of specific listings and sell them back to the participant broker/agent or divert them to third parties (the ‘three-headed monster’.)

May not feature any other persons or companies associated with a specific broker’s listing in a more prominent manner as the listing broker in any advertisement or promotion.

May only display the licensed data in the context of a consumer display (not, for example, display on an agent’s mobile app.)

May not retain any licensed data after termination of the syndication agreement or after a participant has opted-out.

May not re-syndicate and must retain custody of the licensed data and not operate sites on behalf of third parties, even if framed on a third party site or powered by the publisher.

May not modify the licensed data in any material way.

Must provide a link on each listing display that directs consumers to the URL provided with each listing where consumers can access extended property information.

Must promptly update their site upon any update of licensed data.

Must have access to a dashboard where they can change the opt-in and opt-out selections regarding any publisher.

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