There’s always something to howl about.

NAR and the Use of MLS in a URL

I’ve written about this before. This is an issue that just isn’t going to go away. Like most oppressive rules and laws this bad rule (at least as it is currently interpreted and practiced) was a sincere attempt to solve a problem. Unfortunately, the current rule creates a whole new type of problem. The solution is the new problem.

Should any misleading or deceitful statement statement be permitted on a website? No and the NAR Code of Ethics already covered that. But this issue – at least as it now stands – is a good example of “an innocent dolphin caught in a tuna net”. The very idea that an NAR committee came up with a restriction for Realtors that our competitors – who are trying to put us out of business – don’t have to follow is just absurd.

NAR will have no ability whatsoever to stop, inhibit, or prevent anyone BUT Realtors from using the term “MLS” in their URL. So why would it be alright to inhibit a Realtor while other companies are using the term and will continue to use the term (both as a meta tag and as part of the URL)?

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Here is another letter Steve Westmark passed along to me.

From: Jim Lee

To: gary@garyashton.com ; steve@stevewestmark.com

Sent: Friday, February 15, 2008 10:35 AM

Subject: Fwd: Letter to NAR VP Cliff Niersbach

Gentlemen, Another Realtor friend of mine, Bill Holt who is in the Outer Banks area of North Carolina, has a URL with those troublesome magic letters “MLS” (www.obxMLS.com) and is having the same issues we are.Fortunately Bill has a member of his board who is on the NAR Professional Standards subcommittee, Policy and Interpretation, or some such name. He has talked with her and another long time member of that subcommittee named Ted Kelly. They both seem to feel that to be in violation of the new COE’s Article 12 that a member’s intent would be very important, i.e. are you trying to pass yourself off as ‘THE’ MLS. Mr. Kelly gave Bill Cliff Niersbach’s name who is some sort of NAR VP to talk with. Bill is sending him the letter below.I just wanted to keep you both in the loop since we’re all dealing with this issue right now.Any advice and suggestions appreciated at any time.

Best regards,

Jim

Cliff,

I received your name and contact information from Ted Kelly after a lengthy discussion with Ted on Wednesday evening regarding the recently published Standard of Practice (12-10) regardingprohibition on use of deceptive meta tags, key words, and other devices intended to direct/drive Internet traffic to REALTORS’ websites’. I have prepared some information in hopes you will review it and lend me guidance on the issue as it relates to my specific circumstances. I have been on the MLS Committee for 5+ years and presently sit as Chair of that Committee which also carries with it a seat on the Association of REALTORS BOD. Based on how the President reads the Code Interpretation, she has called and asked me to take down my web domain stating to me it is in violation. (www.obxmls.com). As a 31 year member of the National Association of REALTORS, I have held myself to the high standards I swore to follow each time I took the oath (3 separate Associations in 2 states and several times as a Line officer once as President).In 2000, when I began my relocation to North Carolina, I registered several domains to use in marketing my Real Estate business. I studied and learned about the web for many years under folks like Saul Klein, John Reilly, Jack Harper & Mike Barnett through their creation and energies put forward in many mediums including seed development of Realtor.com and Real Town – Internet Crusade. Jack Harper was the first web designer I used in 1995/6. I have always followed the rules and have always directed those I use in web design and positioning to stay clear of many things ‘we’, as REALTORS, are unable to do as we follow the Code of Ethics we work under.I purchased the above referenced domain on May 15, 2000. I had purchased www.outerbanksmls.com on April 4, 2000 and www.homesinouterbanks.com on March 15, 2000. I have numerous other domains in ownership; all except www.obxmls.com are not being used at this time. Through my education from those mentioned above, I purchased the one I presently use as it is short and easy to remember and memorable for my customers and clients. I have never marketed myself as the MLS. I use obxmls.com as an unregistered (at this time) business service mark beginning with a lease on a Xerox Printer I leased back in 2000 when I first began my business on the Outer Banks in NC. I do not use outerbanksmls.com as it could easily be confused as being associated with the local MLS. I do retain rights to it so no one else will use it. After relocating here I purchased a custom license plate for my vehicle with the same letters ‘OBXMLS’ and to this day, I use it on my truck. Within the laws of NC, I universally use the term as a business trade name/service mark.As I stay current on trends and issues in RE, I have followed with keen interest, the issues relative to use of the term ‘REALTOR’ and it prohibition of use in domain keyword/meta tag marketing. Upon becoming aware of the NAR’s energies to prohibit the use of Meta tags, keywords and other devices back in 2006 or 2007, I carefully reviewed my web site to make sure I was in compliance with the spirit and intent of NAR anticipated position. Having found no potential issue with my Meta Tags or Keywords and assuring myself I was not doing anything that would mistakenly allow my site to be perceived as the site of the local MLS, I added a notice on the front page (above any visual line of any size or resolution monitor) of my site stating I was not the official site of the MLS or Association. Disclosure, Disclosure!  [ NOTICE: WWW.OBXMLS.COM is NOT the official website of the Outer Banks Association of Realtors Multiple Listing Service. WWW.OBXMLS.COM & its contents are the copyrighted property of Bill Holt, a NC Licensed Real Estate Broker & Member of the Outer Banks Association of Realtors. ]As evidenced in the documents attached, any search done by a member of the public, or a REALTOR, will not bring up my site for many pages deep into a search on Google. If you do a search on Google for ‘Outer Banks MLS’ my site does not come up until page 15. That is nearly 148 sites deep, hardly a threat to anyone. The only reasons I can find within my site for it showing up at all, is the above notice on page one, which I am using as a disclosure/disclaimer. There are however, many pages of apparent violations of Standards of Practice 12-10 in the search results. Many of my competitors apparently are using Meta Tags, Keywords or other devices intended to direct and drive traffic to their sites.

One of the early internet friends I made back in 1995, Jim Lee of Knoxville, TN, has a similar site that is used by Internet Crusade in their presentation and training within the ePRO™ certification course offered as a designation within the family of designation at NAR. He was instrumental in my selection of the domain I am presently using. We, together with many others around the country, are staying current and are following all cases on this issue as they are important to our livelihood and ongoing business marketing and success. After many years of marketing a web site to our client/consumer base, a changed forced upon us, by an organization with apparently no legal registration or copyright on the term ‘MLS’, could be considered a ‘restraint of trade’.

I received a call from our Association President Wednesday afternoon. She asked me directly ‘In light of the recent Standard of Practice being published are you planning on taking your domain name down’? To avoid controversy, I simply stated I was well aware of the SOP and that I was incompliance with the intent of the SOP. I informed her I would not be taking the site down. She indicated she felt that as a member of the BOD and Chair of the MLS Committee, that the SOP clearly stated the use of MLS in a domain, was a violation and she would have to bring the issue to the BOD. Our meeting is Tuesday morning at 9:00 AM where I anticipate she will carry her conversation on with the BOD in an effort to force me to take it down. Obviously, regardless of my positions within the Association, I am entitled to due process afforded me through the Grievance and Professional Standards processes.

I carefully informed her that she needed to do her research and consider the intent and actual wording in the SOP prior to presenting her position to the BOD. Unfortunately, I am not perceived to be in her favor as I was a challenger for the seat on the BOD as well as other reasons leading to the belief that this is more personal, not factual. To that end, I choose my normal course and rise above personal issues and act as the Professional I have always been. I then contacted Ted Kelly as he was the Professional Standards Trainer who directed our training in 2007, which I did attend even though I was not a member of that Committee at the time.

Our Code of Ethics is a living Code and is adjusted accordingly as business needs and practices warrant. I have always followed it to the Letter and feel I have done everything possible to represent myself professionally and live by the Code I swore to uphold. Could you please take the time to review the circumstances presented here, along with the documents I have provided in PDF format for your review, and send me a recommendation on how NAR would truly look at the issue relative to my circumstance. The intent of the SOP applicable here is the key. I believe I have complied with the intent of the SOP in full.

Thank you for taking the time to look and review. I look forward to hearing from you after reviewing the issue. I can be reached via cell – 252.619.7010 or Toll Free 866.629.6571 (866.OBXMLS1); or by email – Bill@obxmls.com .

Respectfully presented,

Bill Holt
RE/MAX Ocean Realty
www.obxmls.com

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Me?  I’m thinking of adding this to all of my sites.

MLS Stop