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November-December
2002 Issue
Page 2

Real
Estate License Renewal Goes Virtual
The
State of Indiana now offers users the opportunity to
search for or renew occupational licenses issued through
the Health Professions Bureau or the Professional Licensing
Agency via their online website MyLicense.com (https://www.ai.org/mylicense/).
Individuals may apply for a license online, cards and
wall certificates online. With WebLookup anyone can
search for or verify a license for any profession and
license type.
Previously
all the state's licensed professionals had to submit
renewal forms by mail or in person at offices in Indianapolis.
The Internet Service will allow users to immediately
print out a receipt proving their license has been extended.
This will be particularly convenient for those agents
who wait until the last minute to renew.
On
Wednesday, October 9th, licensed practical nurses became
the first state regulated workers able to renew their
licenses online via the new site. Real estate agents
are among the next group scheduled for online renewal,
starting November 1, 2002.
Online
payments may be made via Visa or MasterCard. However,
the convenience comes at a price. Occupations regulated
by the Professional Licensing Agency will pay a $2.50
technology fee, plus a 3 percent credit card processing
charge. Real estate brokers, for example, will have
to pay a $50 renewal fee, plus $4.07 in additional charges
for renewing online. User fees will help cover the $500,000
startup cost of the new online systems and its maintenance.
For
more information, visit the Professional Licensing Agency
website or go to MyLicense.com (https://www.ai.org/mylicense/).

Proposed
Policy governing use of MLS data in connection with
Internet brokerage services offered by MLS Participants
("Virtual Office Websites"), November 2002
Below
is the revised proposed policy on virtual office websites
("VOWs"). This proposal is based on the revised
report of the Internet Marketing Work Group and includes
amendments made by the Multiple Listing Issues and Policy
Committee at their November 9, 2002 meeting. The proposal
was recommended to the NAR Board of Directors on November
11, 2002 and action was postponed until the 2003 Midyear
meeting.
Proposed
policy governing use of MLS data in connection with
Internet brokerage services offered by MLS Participants
("Virtual Office Websites")
Revised
November 2002
Participants
may use MLS data in connection with providing brokerages
services over the Internet (or by other electronic means)
in accordance with the policies set forth below. Except
as permitted in Section III, MLSs may not adopt rules
or regulations that are more or less restrictive than,
or otherwise inconsistent with, these policies.
I.
Definitions and Scope of Policy.
1.
For purposes of this policy, the term Virtual Office Website
("VOW") refers to a Participant's Internet website,
or a feature of a Participant's Internet website, through
which the Participant provides real estate brokerage services
to consumers with whom the Participant has first established
a broker-consumer relationship (as defined by state law)
where the consumer has the opportunity to search MLS active
listing data without direct personal involvement or interaction
(either in person or remotely) with a broker or licensee.
As used herein "Participant's VOWs" and "VOWs"
also refers to such websites, or features of websites, operated
by non-principal brokers and sales licensees affiliated
with MLS Participants, where permitted by this policy.
2.
Scope of Policy. Participant's Internet websites may also
provide other features, information, or services in addition
to the VOW (including the Internet Data Exchange function),
which other features, information, or services are not subject
to this policy. Use of MLS active listing data on a VOW
does not require separate permission from the listing brokers
whose listings will be available to consumers via a VOW.
II.
Policies Applicable to Participants' VOWs.
1.
Participants may provide brokerage services via a VOW
that include making MLS active listing data available,
but only to consumers (hereinafter "Registrants")
with whom the Participants have first established lawful
consumer-broker relationships, including completion
of all actions required by state law in connection with
providing real estate brokerage services to clients
and customers. Such actions shall include, but are not
limited to, satisfying all applicable agency, non-agency,
and other disclosure obligations, and execution of any
required agreement(s). Where state law permits any of
the requirements imposed on Participants or consumers
to be satisfied after brokerage services are commenced,
all such requirements and obligations shall nevertheless
be satisfied before access to MLS active listing data
is provided to the Registrant via the VOW.
2.
Participants' VOWs must obtain the identity of each
Registrant and obtain each Registrant's agreement to
Terms of Use of the VOW, as follows:
a.
A Registrant must provide his or her name, telephone
number, a valid email address and, at the option of
the MLS, a street address. The Participant must verify
the validity of the email address by sending an email
to the address provided by the Registrant confirming
that the Registrant has agreed to the Terms of Use
(described in subsection c below). The Registrant
may be permitted to access the VOW only after having
received such email confirmation.
b.
The Registrant must supply a user name and a password,
both of which must be unique to the Registrant, before
being permitted to search and retrieve information
from the MLS database via the VOW. The Registrant's
password and access must expire on a date certain.
The Participant must at all times maintain a record
of the name, telephone number, email address and,
if required by the MLS, a street address supplied
by the Registrant, and the username and current password
of each Registrant, such records to be kept for not
less than 30 days after the expiration of the validity
of the Registrant's password. If the MLS has reason
to believe that a Participant's VOW has caused or
permitted a breach in the security of the data or
a violation of MLS rules related to use by one or
more Registrants, the Participant shall, upon request,
provide to the MLS a copy of the record of the name,
email address, username and current password of each
Registrant, or of those Registrant(s) identified by
the MLS to be suspected of involvement in the violation.
c.
The Registrant must be required to affirmatively express
agreement to a "Terms of Use" provision
that requires the Registrant to open and review an
agreement that provides at least the following:
i.
That the Registrant acknowledges entering into a
lawful consumer-broker relationship with the Participant;
ii.
That all data obtained from the VOW is intended
only for the Registrant's personal, non-commercial
use;
iii.
That the Registrant has a bona fide interest in
the purchase, sale, or lease of real estate of the
type being offered through the VOW;
iv.
That the Registrant will not copy, redistribute
or retransmit any of the data or information provided;
v.
That the Registrant acknowledges the MLS's ownership
of and the validity of the copyright in the MLS
database of listing data.
After
the Registrant has opened for viewing the Terms
of Use agreement, a "mouse click" is sufficient
to acknowledge agreement to those terms.
3.
A Participant's VOW must protect the MLS data from misappropriation
by employing reasonable efforts to monitor for and prevent
"scraping" or other unauthorized accessing,
reproduction or use of the MLS database.
4.
A Participant's VOW may not make available for search
by Registrants the following data intended exclusively
for other MLS participants and their affiliated licensees:
a.
Expired or withdrawn listings or, unless the MLS affirmatively
acts (pursuant to section III.5 of this policy) to
permit such use, Sold data.
b.
The compensation offered to other MLS Participants.
c.
The type of listing agreement, i.e., exclusive right
to sell or exclusive agency.
d.
The seller(s) and occupant(s) name(s), phone number(s)
and email address(es), where available.
e.
Instructions or remarks intended for cooperating brokers
only, such as those regarding showing or security
of the listed property.
Notwithstanding
the foregoing, such information may be provided to
a Registrant if the listing broker has expressly and
affirmatively consented to the Participant's providing
such information, either with respect to a particular
Registrant or to all Registrants.
5.
A Participant's VOW must comply with the following additional
requirements:
a.
MLS data fields authorized for display may not be
changed. The data may be augmented with additional
data so long as the source of such other data is clearly
identified. This requirement does not restrict the
format of data display or display of fewer than all
of the listings or fewer authorized data fields.
b.
The VOW must display a notice on all data displayed
indicating that the data is deemed reliable but is
not guaranteed accurate by the MLS. Furthermore, a
Participant's VOW may include other appropriate disclaimers
necessary to protect the Participant and/or the MLS
from liability.
c.
Listings or property addresses of sellers who have
directed their listing brokers to withhold their listing
or property address from display on the Internet (including,
but not limited to, REALTOR.com, company websites,
or publicly-accessible MLS websites) shall not be
accessible to Registrants.
d.
Non-principal brokers or sales licensees affiliated
with Participants may operate VOWs if their Participant
consents and if permitted by the MLS, such VOW to
be subject to the control of the Participant.
e.
MLS data available on a VOW shall be refreshed not
less frequently than every seven (7) days.
f.
Except as provided elsewhere in this policy or elsewhere
in an MLSs rules and regulations, a VOW or a Participant
operating a VOW may not distribute, provide or make
the MLS database accessible to any person or entity.
6.
MLS Participants must notify the MLS of their intention
to establish a VOW and make their VOW directly accessible
to the MLS for purposes of monitoring / ensuring compliance
with applicable rules and policies.
III.
Policies Applicable to Multiple Listing Services.
1.
Associations of REALTORS® and their Multiple Listing
Services shall enable MLS Participants to operate VOWs,
subject to the requirements of state law and the requirements
above.
2.
MLSs shall, if requested by a Participant, provide basic
"downloading" of active listing information
sufficient to operate a VOW, but excluding the listing
or the property address, respectively, of any seller who
affirmatively directs that the listing or the property
address not appear on the Internet or other electronic
forms of display or distribution. For purposes of this
policy, "downloading" means electronic transmission
of data from MLS servers to Participants' servers or,
at the discretion of the MLS, a persistent or transient
basis. In addition, Associations and MLSs can also offer
alternative display options including framing of Board,
MLS, or other publicly-accessible sites displaying Participants'
listings (with permission of the framed site). This policy
does not require associations or MLSs to establish publicly
accessible sites displaying Participants' listings.
3.
MLSs may charge the costs of adding or enhancing their
"downloading" capacity to enable Participants
to operate VOWs to those Participants who will download
listing information for that purpose. Assessment of such
costs should reasonably relate to the actual costs incurred
by the MLS.
4.
MLSs that allow persistent downloading of the MLS database
by Participants for display or distribution on the Internet
or by other electronic means may require that Participants
utilize appropriate security protection, such as firewalls,
which requirement may not impose on Participants security
obligations greater than those employed by the MLS.
5.
An MLS may permit Participants to make "Sold"
data available on a VOW for search by Registrants.
6.
MLSs may require that any listing displayed on a VOW identify
the listing firm.
7.
MLSs may prohibit non-principal brokers or sales licensees
affiliated with Participants from operating VOWs that do
not require registration with the Participant in accordance
with section II.2 of these policies.
EFFECTIVE
DATE:
The
foregoing policies shall become effective upon adoption
by the NAR Board of Directors, except that (1) MLSs
have until not later than July 1, 2003 to adopt and
implement the foregoing policies and (2) Participants
shall have until not later than 180 days following adoption
and implementation of these policies by an MLS in which
they participate to cause their VOW to comply with these
provisions.
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