So if you are like me, you paid a friendly visit to TReND MLS today and you got a great welcome gift - a fresh copy of the Terms of Service just waiting for you to give your consent. If you didn't (I am not sure what roll out schedule they are using) chances are good you will see one in the next few days.
You probably wished you had time to read it, but like the rest of us you were trying to get to some important data and the ToS was just a little roadblock in your way.
So I did us all a favor...I shot the ToS over to Barry and asked him to give his legal opinion. Hope this helps for you.
According to him, there are only a few changes - the MLS is still providing its core functions and you are still agreeing to be a member and pay dues and all that happiness. That said, there are two key changes I want to be sure to point out for your benefit.
#1 The language about password sharing has gotten even stronger. Basically TReND is letting you know that such sharing is verboten...and that you need to assign "delegate rights" to your people if you want them to log in as you. If you haven't heard already, they implemented "keystroke monitoring" systems months ago (that means it tracks the way you type passwords to determine if people with different typing styles are punching in the same code) and they are motivated to find users sharing accounts (or worse yet members sharing their accounts with consumers).
#2 The language about how members can use the data has been strengthened yet again. They are serious that they do not want members re-purposing the MLS data for web sites not permitted to show MLS data. I know about this one first hand, as they have come to me on several occasions to check the validity of certain sites. My advice; if you have a 3rd party web site contract, you may want to make sure (and make sure again) they are complying with MLS guidelines as it pertains to IDX and data sharing. If they are framing in your CBH agent site (or worse yet the CBH main site) they must stop. It is against the rules for any site to "frame in" listing data/search from somewhere else. If you think your vendor is not following the rules, let me know and I'll help you talk to them directly.
#3 This is actually not a new rule, but one I wanted to make sure I stress. TReND does not allow you to use other agents/brokers photos as your own. Please don't try to grab photos of an expired listing and use them as your own...trust me TReND will come down on you (as will the other broker) in a hot hurry. I have fielded these calls before too, trust me they are not very fun.
You would think I would end this with a paragraph about how the MLS is a big, nasty entity that is here to make your job harder...just the opposite. They are trying to protect you - by making sure less reputable entities out there can't grab your photos or use your data to make a quick (and cheap) sale. They really are working to uphold the integrity of the business. All I ask is that you hold up your end of the bargain and do what you agreed to do when you clicked that "I accept" button real quick earlier today.
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