NAR publishes new resources on MLS, listings

With the increasing discourse surrounding listing data control and access, the National Association of Realtors (NAR) has published three new resources aimed at providing clarity for MLSs and brokers navigating these conversations. 

Two of the resources, NAR said, are a complement to its MLS policy 8.5, which prevents MLSs from allowing users to filer listings based on things like offers of compensation, or the name of listing agent or brokerage. 

The first of these two resources is NAR’s Objective criteria in IDX and VOW policies, which clarifies that MLS participants may choose what listings from an MLS data feed they wish to display based on “objective criteria.”

While NAR does not define the exact parameters of this “objective criteria, it does list various examples as geography, list price range and property type. The resource also states that the “objective criteria should be “applied equally” to all MLS participants and should “not explicitly and/or directly target any particular brokerage and/or agent by name.”

To help with this, NAR has also released a chart to determine if filtering criteria for a listing is objective. The chart warms that if not all of the criteria meets the objectivity standards, it “may not be consistent with your MLS rules and require enforcement procedures as adopted by the MLS.” The standards include things like the criteria being applied equally to all participants and that it is based on “measurable or verifiable facts” such as property type, type of listing agreement or listing status. 

NAR also notes that while MLS policy does not prohibit the ranking or sorting of listings, rankings  “must not involve the removal or the blocking of listings which prevent the communication of those listings, based on the existence or level of compensation offered to a cooperating broker or the name of a brokerage or agent, to a client or customer.”

In addition, NAR also released guidelines for one-to-one broker communication under its Clear Cooperation Policy (CCP). NAR defines one-to-one broker communication as “person-to-person communications” between a listing agent or broker and another broker or agent at a different firm.

NAR said this type of communication, allows brokers to gather or disseminate information about a listing without triggering the requirements of CCP. However, NAR noted that this type of communication “must be pursuant to the seller’s informed consent and interests.” 

In an emailed statement, a NAR spokesperson told HousingWire that their resources and guidelines aim “to provide additional context on existing policies and highlight considerations relevant to their application.” 

“These materials will help members and other stakeholders apply these policies more consistently and with greater clarity and confidence,” the spokesperson added.

These guidelines come at a time when different MLSs across the industry are updating their IDX policies and some are pushing back against Zillow’s listing access standards policy, which bans listings that are publicly marketed for more than 24 hours before being available for display on sites powered by IDX or VOW data feeds.