IDX Rules and Regulations

IDX Rules and Regulations

 

Section 18 IDX Section Defined

IDX affords MLS participants the ability to authorize limited electronic display of their listings on other participants’.

 

Section 18.1 Authorization

Participants’ consent for display of their listings by other participants pursuant to these rules and regulations must be established in writing. If a participant withholds consent on a blanket basis to permit the display of that participant’s listings, that participant may not download, frame or display the aggregated MLS data of any other participants. Even where participants have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by listing basis where the seller has prohibited all Internet display.

 

Section 18.2 Participation

Participation in IDX is available to all MLS participants who are REALTORS® who are engaged in real estate brokerage and who consent to display of their listings by other participants.

 

Section 18.2.1

Participants must notify the MLS of their intention to display IDX information and must give the MLS direct access to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies.

 

Section 18.2.2

MLS participants may not use IDX provided listings for any purpose other than display as provided for in these rules. This does not require participants to prevent indexing of IDX listings by recognized search engines.

 

Section 18.2.3

Listings, including property addresses, can be included in IDX displays except where a seller has directed their listing broker to withhold their listing or the listing’s property address from all display on the Internet (including, but not limited to, publicly-accessible websites or VOWs).

 

Section 18.2.4

Participants may select the listings they choose to display on their IDX sites based only on objective criteria including, but not limited to, factors such as geography or location (“uptown,” “downtown,” etc.), list price, type of property (e.g., condominiums, cooperatives, single-family detached, multi-family), cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right to sell or exclusive agency), or the level of service being provided by the listing firm. Selection of listings displayed on any IDX site must be independently made by each participant.

 

Section 18.2.5

Participants must refresh all MLS downloads and displays automatically fed by those downloads not less frequently than every 12 (twelve) hours.

 

Section 18.2.6

Except as provided in IDX policy and these rules, an IDX site or participant or user operating an IDX site or displaying IDX information as otherwise permitted may not distribute, provide, or make any portion of the MLS database available to any person or entity.

 

Section 18.2.7

Any IDX display controlled by a participant must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. For purposes of the IDX policy and these rules, “control” means the ability to add, delete, modify and update information as required by the IDX policy and MLS rules.

 

Section 18.2.8

Any IDX display controlled by a participant or subscriber that

  1. allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or
  2. displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing,

either or both of those features shall be disabled or discontinued for the seller’s listings at the request of the seller. The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all displays controlled by participants. Except for the foregoing and subject to Section 18.2.9, a participant’s IDX display may communicate the participant’s professional judgment concerning any listing. Nothing shall prevent an IDX display from notifying its customers that a particular feature has been disabled at the request of the seller.

 

Section 18.2.9

Participants shall maintain a means (e.g., e-mail address, telephone number) to receive comments about the accuracy of any data or information that is added by or on behalf of the participant beyond that supplied by the MLS and that relates to a specific property. Participants shall correct or remove any false data or information relating to a specific property upon receipt of a communication from the listing broker or listing agent for the property explaining why the data or information is false. However, participants shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment.

 

Section 18.2.10

An MLS Participant (or where permitted locally, an MLS subscriber) may co-mingle the listings of other brokers received in an IDX feed with listings available from other MLS IDX feeds, provided all such displays are consistent with the IDX rules, and the MLS participant (or MLS subscriber) holds participatory rights in those MLSs. As sued in this policy, “co-mingling” means that consumers are able to execute a single property search of multiple IDX data feeds resulting in the display of IDX information from each of the MLSs on a single search results page; and that participants may display listings from each IDX feed on a single webpage or display.

 

Section 18.2.11

Participants shall not modify or manipulate information relating to other participants’ listings. MLS participants may augment their IDX display of MLS data with applicable property information from other sources to appear on the same webpage or display, clearly separated by the data supplied by the MLS. The source(s) of the information must be clearly identified in the immediate proximity to such data. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized fields. (Adopted 05/15)

 

Section 18.3 Display:

Display of listing information pursuant to IDX is subject to the following rules:

 

Section 18.3.1

Listings displayed pursuant to IDX shall contain only those fields of data designated by the MLS. Display of all other fields (as determined by the MLS) is prohibited. Confidential fields intended only for other MLS participants and users (e.g., cooperative compensation offers, showing instructions, property security information, etc) may not be displayed.

 

Section 18.3.1.1

Intentionally left blank

 

Section 18.3.1.2

Deleted May 2015

 

Section 18.3.1.3

All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. Displays of minimal information (e.g., “thumbnails”, text messages, “tweets”, etc. of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures.

 

Section 18.3.1.4

All listings displayed pursuant to IDX shall identify the listing company.

 

Section 18.3.1.5

Non-principal brokers and sales licensees affiliated with IDX participants may display information available through IDX on their own websites subject to their participant’s consent and control and the requirements of state law and/or regulation.

 

Section 18.3.1.6

Deleted.

 

Section 18.3.1.7

All listings displayed pursuant to IDX shall show the MLS as the source of the information. Displays of minimal information (e.g., “thumbnails, text messages, “tweets”, etc., of two hundred (200) characters or less) are exempt from this requirement but only when linked directed to a display that includes all required disclosures.

 

Section 18.3.1.8

Participants (and their affiliated licensees, if applicable) shall indicate on their websites that IDX information is provided exclusively for consumers’ personal, non-commercial use, that it may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing, and that the data is deemed reliable but is not guaranteed accurate by the MLS. The MLS may, at its discretion, require use of other disclaimers as necessary to protect participants and/or the MLS from liability. Displays of minimal information (e.g., “thumbnails”, text messages, “tweets”, etc. of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures.

 

Section 18.3.1.9

The data consumers can retrieve or download in response to an inquiry shall be determined by the MLS but in no instance shall be limited to fewer than one hundred (100) listings or five percent (5%) of the listings available for IDX display, whichever is fewer.

 

Section 18.3.1.10

Intentionally left blank.

 

Section 18.3.1.11

Listings obtained through IDX feeds from REALTOR® Association MLSs where the MLS Participant holds participatory rights must be displayed separately from listings obtained from other sources. Listings obtained from other sources (e.g., from other MLSs, from non-participating brokers, etc.) must display the source from which each such listing was obtained. Displays of minimal information (e.g., “thumbnails”, text messages, “tweets”, etc., of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures.

Note: An MLS Participant )or where permitted locally, an MLS Subscriber) may co- mingle the listings of other brokers received in an IDX feed with listings available from other MLS IDX feeds, provided all such displays are consistent with the IDX rules, and the MLS Participant )or MLS Subscriber) holds participatory rights in those MLSs. As used in this policy, “co-mingling” means that consumers are able to execute a single property search of multiple IDX data feeds resulting in the display of the IDX information from each of the MLSs on a single search results page; and that Participants may display listings from each IDX feed on a single webpage or display.

 

Section 18.3.1.12

Display of expired, withdrawn, and sold listings * is prohibited. (Amended 11/15)

Note: If “sold” information is publicly accessible display of “sold” listings may not be prohibited.

 

Section 18.3.1.13

Display of seller’s (s’) and/or occupant’s (s) name(s), phone number(s), and e-mail address(es) is prohibited.

 

Section 18.3.1.14

Participants are required to employ appropriate security protection such as firewalls on their websites and displays, provided that any security measures required may not be greater than those employed by the MLS.

 

Section 18.3.1.15

Participants must maintain an audit trail of consumer activity on their website and make that information available to the MLS if the MLS believes the IDX site has caused or permitted a breach in the security of the data or a violation of MLS rules related to use by consumers.

 

Section 18.4 Web Site Requirements and Disclosures:

All IDX Participants are required to use the approved Fayetteville Regional Association of REALTORS® IDX Logo.

  1. The Fayetteville Regional Association of REALTORS® IDX approved icon and an explanation that those properties marked with the icon are provided courtesy of the Fayetteville Regional Association of REALTORS®, Inc., Internet Data Exchange (IDX), must appear on the first page where any listing data is displayed.
  2. Any search result identifying another Fayetteville Regional Association of REALTORS® IDX Participant’s listing in a brief or “thumbnail” formal shall bear the Fayetteville Regional Association of REALTORS® approved icon or the Fayetteville Regional Association of REALTORS® IDX approved thumbnail icon immediately adjacent to the property information to identify the listing as a Fayetteville Regional Association of REALTORS® IDX listing.
  3. A search result producing a display of another IDX Participant’s listing shall bear the IDX Participant’s name, the IDX approved icon, and the MLS’s copyright notice immediately following the property information. All listings displayed pursuant to IDX shall identify the listing firm in a readily visible color and typeface not smaller than the median used in the display of the listing data.

 

Section 18.5 Service Fees and Charges:

Service fees and charges for participation in IDX shall be as established annually by the Board of Directors.

 

Section 18.6 Fines:

Failure to comply with these rules and regulations can result in expulsion and/or fines up to $1,000.00 (one thousand dollars).