Rules & Regulations
News and Spotlights: Use of Term "MLS"
Use of “MLS” in Member Firm Name and Web Address
Effective March 3, 2006, the RMLS Board passed a new rule restricting Participants’ use of the terms “multiple listing service” and “MLS,” especially in company names, web addresses, web domain names and URLs. Any current use of these terms in this manner must cease no later than September 3, 2006 (except for company names already in effect on March 3, 2006). For the full rule, please see Section 13 of the RMLS Rules & Regulations (pdf).
The purpose of the new rule is to ensure there is no inference that a broker/agent is or operates MLS, nor inference that the public has access to MLS through any broker/agent Web site. For more information on the importance of appropriate use of MLS/multiple listing service, please see “MLS: What It Is and What It Is Not” from Regional MLS President John Mosey (pdf).
Below are examples of appropriate and inappropriate uses of the terms MLS and multiple listing service.
Inappropriate Uses:
- Creating a company name (3-3-06 or later) that contains “multiple listing service” or “MLS,” such as TwinCitiesMLS.
- Using “multiple listing service” or “MLS” in your Web site domain/URL such as www.AcmeRealtyMLS.com or www.AcmeRealty.com/MLSlistings/
- Making a statement on any Web page implying that the Web site visitor is searching the actual MLS database, such as “Search the MLS” or “Access RMLS/NorthstarMLS.”
- Placing the RMLS or NorthstarMLS logos in any advertisement, Web site, or use in any other manner not authorized by Regional MLS of MN, Inc.
Appropriate Uses:
- Stating that an agent or broker is a member of RMLS or NorthstarMLS.
- Including an MLS number search function on your Broker Reciprocity Web site and labeling it “Search By MLS#.”
- Instead of a statement like “Search the MLS,” use statements such as "Search for Homes," "Search for Properties for Sale," or if you want to reference the MLS: “Search for properties listed with Participants of Regional MLS of MN.”
- Use of the MLS Service Mark available from The National Association of REALTORS® (view/downoad)
Required Disclaimer for Brokers that already have “MLS” in
their company name:
For Participants that already had “MLS” or “multiple listing
service” in their name before 3/3/06, a disclaimer must be placed prominently
and conspicuously on the following:
- All advertisements;
- Web site home page;
- Any page on the Web site from which visitors can search for property;
- Any page on which another Participant’s listings appear.
The disclaimer must state that the company is not a multiple listing service but is a member of Regional MLS of MN, Inc.
If you have any questions, contact the NorthstarMLS Rules & Regulations Department at 651-251-5458.
UPDATE: Use of MLS in Member Firm Name and Web Address
November 1, 2006: Effective on March 3rd this year, RMLS initiated a Rule that prohibited the use of the term MLS in company names and web addresses. The language of that Rule is very clear as to its intent:
“No member shall indicate or imply in any manner that the member 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 RMLS/NorthstarMLS”) on the member’s website or otherwise.”
Anyone who had a website using the terms “multiple listing service”, the acronym “MLS” or derivatives in domain names, web addresses or URL’s were given six months to end that use unless the member’s name was protected under a provision (recommended by legal counsel) “grandfathering” four companies that had MLS in their registered company names on March 3rd. These companies are:
fishmls Realty in Blaine (http://www.fishmls.com)
The MLS Direct Real Estate Group in Hopkins (www.themlsdirect.com)
TheMLSOnLine.com, Inc. in Champlin (www.themlsonline.com)
Your MLS and More in Lakeville (http://www.yourMLSandmore.com)
As the six month adjustment period was coming to an end, two of these companies, fishmls Realty and TheMLSOnLine.com, Inc., joined with Steve Westmark, an agent with Counselor Realty, in an Anti-Trust lawsuit against the RMLS alleging Restraint of Trade and Unfair Competition. They also sought a Temporary Restraining Order which would have the effect of delaying enforcement of the rule. This TRO motion was heard in Federal Court on September 7th at which time the Judge reserved his decision and referred the parties to a Settlement Conference to be administered by a Federal Court Magistrate Judge. This Settlement Conference was held on September 11th and resulted in changes concerning how long that it would be permitted to re-direct Internet users from a website containing “MLS” in the domain name or URL to a web address that was acceptable under the rule. Any Member who may still have a currently active website with the term MLS in their domain name/web address must, as soon as possible, but no later than December 31, 2006 close down that website or put in place a re-direct to a website/domain/web address that does not use the term MLS.
Additionally, a different hearing process than is available in the normal course of Rule violations was negotiated for cases where a Member was facing the penalty of having their Broker Reciprocity data feed suspended until they brought their website and/or advertising into compliance with the rule on accepted use of the term “MLS”. Lastly, it was agreed that all websites that included Broker Reciprocity listings would contain a Disclaimer indicating that the broker or agent was not a Multiple Listing Service nor did he/she offer MLS access.
Since September 11th, the parties have been attempting to put in writing the details of what was agreed at the Settlement Conference. This is a useful exercise in that it can have the effect of forestalling a future dispute based on what either of the parties thought was understood between them. In our case, the stumbling block appears to be with the required disclaimer. RMLS has already advised the developers of websites containing Broker Reciprocity listings that revised language is a requirement on every listing on a Member’s website that does not belong to that Member and that this updated language must be in place by December 1, 2006. RMLS expects those Members who use the phrase MLS in their company name or web address to prominently and conspicuously display on the first page of their website a statement that they are a Member of the Regional MLS of MN, Inc. and that they are not a Multiple Listing Service nor offer MLS access. Apparently, the other side interprets the “prominently and conspicuously” disclaimer requirement as applicable to every RMLS Member broker and agent website regardless of whether they had ever used MLS in their domain names. RMLS believes that this is both unfair and unreasonable; however, as a stumbling block, it has been effective in delaying the implementation and enforcement of the Section 13 rule long past the September 3rd date when it was intended to become fully in force.
This update on the status of the dispute between the RMLS and the two Participant brokers and Mr. Westmark is intended to fulfill the terms of the Settlement Agreement as concerns notification of the requirements a) for any remaining websites that are out of compliance to be closed down or re-directed and b) for disclaimer language to appear on every listing on a Member’s website that does not belong to that Member. Hereinafter, the RMLS will be taking all appropriate measures to ensure,
“No member shall indicate or imply in any manner that the member
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
RMLS/NorthstarMLS”) on the member’s website or otherwise."