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Petition to NAR (National Association of REALTORS®)
By Ryan Ward | November 29, 2007
Fellow members of NAR (National Association of REALTORS®)… We need your help!
Our primary order of business is to provide insight and education on a recent addition to Article 12 of the National Association of REALTORS® code of ethics.
Our goal is to have this addition modified to clarify and strengthen our position as REALTORS® in the rapidly changing world of online real estate.
It is our opinion that this recent change to Article 12 of the REALTOR® code of ethics does a disservice to member brokers, agents and consumers as a whole by denying access to a term that has long been understood as a primary marketing tool for customers to buy and sell properties throughout the United States and Canada.
We seek to protect this most valuable asset by having the new code of ethics revision allow REALTORS® to continue to use the term MLS in all marketing materials. We firmly believe that the use of the term MLS does in fact provide consumers with a “true picture” of the MLS.
The consequences of disallowing the use of the term MLS are such that it permit other non-member entities and businesses to usurp the term thereby diluting the ”true” meaning of the term MLS.
In an effort to help to protect consumers, the NAR has set on a path of unintended consequences which will be more detrimental to the consumer than the intent of the initial change.
Topics: MLS |
December 3rd, 2007 at 1:56 pm
Thought that this blog post was extremely well written - explaining why we would not want this as Realtors.
Attention NAR - Important MLS phrase use discussion
January 7th, 2008 at 12:15 pm
So, maybe we should establish a link with our local Major League Soccer Team, and then we could use MLS? Go Houston Dynamo!
January 14th, 2008 at 9:59 am
I want you to vote no for amendment of article 12. You represent us the Realtors and this is a GREAT disservice to our business!
January 23rd, 2008 at 11:48 am
I think this amendment is extremely important for every member of NAR to sign and let the powers that be know this is another restriction on Realtors that prevents us from doing our jobs.
I do hope there is consideration given to this review that will help change this ruling as quickly as possible.
I have lost a lot of business as a virtual photographer largely in part to the fines levied by local boards regarding this issue.
Especially in a real estate climate such as the one we are experiencing, I think it is grossly unfair to penalize us in not having all avenues of advertising at our disposal in helping us to represent our “boss”(seller) in selling our prices to a wider audience.
February 9th, 2008 at 8:24 pm
Here’s the pretty sensible rules the Chicago area MLS finally settled on.
SECTION 38. Use of Term MLS
I. The acceptable use of the term “MLS” or “Multiple Listing Service” is for a Participant or Subscriber to indicate they are a Participant/Subscriber of the Multiple Listing Service of Northern Illinois, Inc.
No Participant or Subscriber shall indicate or imply or infer in any medium (electronic or otherwise) that the Participant or Subscriber is or operates a multiple listing service. Participants and Subscribers shall not use the term “multiple listings service” the acronym “MLS” or any derivatives, in company/firm names.
No Participant or Subscriber shall indicate, imply or infer in any manner that the Participant/Subscriber is a multiple listing service or that the public has access to or may search the multiple listing service (e.g. “Search the MLS” or “Access/Search MLSNI/Multiple Listing Service of Northern Illinois”) on their own Web sites or in any advertising media. All existing uses of such terms in the previously stated manner are subject to the penalties stated in this rule.
Use of the term “multiple listing service” the acronym “MLS” or any derivatives is acceptable in Domain names, web addresses, and URL’s, as long as the name does not imply and/or infer that the web site is
associated with, or operated by Multiple Listing Service of Northern Illinois(MLSNI).
II. Grand fathering Company Names
If the Participant’s office, firm, corporation, limited liability company or partnership name is registered with
the Secretary of State and accepted by a Shareholder/Association or Board of REALTORS at the time the
Participant joined the Shareholder/Association or Board of REALTORS and became a Participant in MLSNI,
and prior to the date of adoption of this Section 38, the Participant is permitted to advertise itself using it’s
company’s name provided that Participant complies with all other terms of this Section 38 and the Multiple
Listing Services Rules and Regulations.
February 13th, 2008 at 11:03 am
The addition to Article 12 of the Realtor’s Code of Ethics is a slap in the face to all NAR members. Only (PAYING) members of NAR and their respective Realtor Boards should be able to use the term, “MLS”. Not the other way around! Obviously NAR is incapable of protecting its members & their tools of the trade - hence the new ruling that the Chicago area MLS finally settled on. It appears each board will have to take matters in to their own hands. So what are we paying NAR for?
ALL Realtors should pay attention to this, whether you’re with a national brand or on your own. Regardless, you pay (handsomely) to maintain your licensure and pay varying organizations for support. Ignoring this will only continue our industry’s footing on the slippery slope its been on since the “MLS” was given a way from the onset.
February 26th, 2008 at 1:39 pm
MLS stands for My Lucky Site. So hello they own letters of the alphabet?
February 27th, 2008 at 3:44 pm
You may send an email to the Department of Justice:
antitrust.complaints@usdoj.gov to report the this restriction of trade issue
or call 888-647-3258
The more complaints they have, the more focus they will have on the issue.
Let’s win this one!
March 2nd, 2008 at 12:31 am
As a Realtor I fully support the use of the letters MLS in a proper manner.
March 5th, 2008 at 10:31 am
I have to say that many consumers are confused about what the MLS is. That being said NARs MLS rules are silly and will have no impact on how the public perceives the MLS.
March 5th, 2008 at 4:00 pm
http://activerain.com/blogsview/405744/Non-REALTORS-May-Have
http://tinyurl.com/3bprlw
Another Realtor group weighs in on this issue. Not surprisingly they’re opposed to the changes too.
May 3rd, 2008 at 7:35 pm
Question:
Can the NAR and/or its board be held accountable to the Federal Trade Commission (FTC) for prohibiting what is a legal trade practice.
If they believed it was unethical, the NAR should have done something about it when the internet was invented or earlier.
Can Area Boards be held accountable to the FTC if they try to prevent the realtor’s from using the MLS on websites / advertising?
I am having my sites transferred to another individual who has an LLC with links to my site.
Then the MLS can be advertised without the broker’s name, phone, etc.
The NAR will lose control if they don’t let Realtors use the MLS on their websites…because advertising rules relating to Brokers, phone numbers and names have to be the same size…If Realtors transfer names to other individuals / companies….The MLS can be advertised without any compliance if the individual is not a realtor.
May 22nd, 2008 at 7:21 am
There is a new article on Inman news about this issue. Everyone needs to weigh in and comment to keep this issue alive.
http://www.inman.com/news/2008/05/21/debate-flares-over-mls-in-web-site-urls