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	<title>Comments on: Realtors versus the MLS and the Real Estate Board</title>
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	<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/</link>
	<description>Tracking Charlottesville&#039;s Real Estate Market since 2005</description>
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		<title>By: Property Videos - What do Buyers Want? &#124; Real Central VA</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26860</link>
		<dc:creator>Property Videos - What do Buyers Want? &#124; Real Central VA</dc:creator>
		<pubDate>Tue, 09 Jun 2009 17:03:26 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26860</guid>
		<description>[...] Related discussion: Realtors versus the MLS and the Real Estate Board. [...]</description>
		<content:encoded><![CDATA[<p>[...] Related discussion: Realtors versus the MLS and the Real Estate Board. [...]</p>
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		<title>By: Matthew Rathbun</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26536</link>
		<dc:creator>Matthew Rathbun</dc:creator>
		<pubDate>Mon, 04 May 2009 11:14:00 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26536</guid>
		<description>On any video hosting site that I&#039;ve used, there has been a place for a &quot;bio&quot;.  Why not just make your disclosures in the bio? I think that using reasonable efforts to be in compliance would be a good defence to a challenge.</description>
		<content:encoded><![CDATA[<p>On any video hosting site that I&#8217;ve used, there has been a place for a &#8220;bio&#8221;.  Why not just make your disclosures in the bio? I think that using reasonable efforts to be in compliance would be a good defence to a challenge.</p>
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		<title>By: Pavel</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26534</link>
		<dc:creator>Pavel</dc:creator>
		<pubDate>Mon, 04 May 2009 02:29:59 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26534</guid>
		<description>Jim, I hear you.  I guess if you apply the same argument to the way all CAARMLS members host their current Virtual Tours (Danilo, it&#039;s a link out to an external host in our case) we are all in violation of the Code of VA if a consumer stumbles upon the unbranded page hosted by one of our Virtual Tour providers.</description>
		<content:encoded><![CDATA[<p>Jim, I hear you.  I guess if you apply the same argument to the way all CAARMLS members host their current Virtual Tours (Danilo, it&#8217;s a link out to an external host in our case) we are all in violation of the Code of VA if a consumer stumbles upon the unbranded page hosted by one of our Virtual Tour providers.</p>
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		<title>By: Jim Duncan</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26525</link>
		<dc:creator>Jim Duncan</dc:creator>
		<pubDate>Sat, 02 May 2009 13:15:43 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26525</guid>
		<description>Pavel  - 

But ... if that video is hosted elsewhere, say on Viddler, Youtube, Vimeo, Vidlisting, etc. etc. etc. then that &quot;unbranded&quot; video &lt;em&gt;there&lt;/em&gt; that is not linked through the MLS would be in violation, no?

If that&#039;s the case, would the MLS be justified in preventing Realtors from doing what&#039;s in the clients&#039; best interests, ie. marketing the property as effectively as possible?


*I&#039;m trying out the new &quot;threaded comments&quot; in the new version of this theme.</description>
		<content:encoded><![CDATA[<p>Pavel  &#8211; </p>
<p>But &#8230; if that video is hosted elsewhere, say on Viddler, Youtube, Vimeo, Vidlisting, etc. etc. etc. then that &#8220;unbranded&#8221; video <em>there</em> that is not linked through the MLS would be in violation, no?</p>
<p>If that&#8217;s the case, would the MLS be justified in preventing Realtors from doing what&#8217;s in the clients&#8217; best interests, ie. marketing the property as effectively as possible?</p>
<p>*I&#8217;m trying out the new &#8220;threaded comments&#8221; in the new version of this theme.</p>
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		<title>By: Danilo Bogdanovic</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26520</link>
		<dc:creator>Danilo Bogdanovic</dc:creator>
		<pubDate>Sat, 02 May 2009 00:00:11 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26520</guid>
		<description>Pavel - It may have something to do with the MLS being the creator (and owner) of the virtual tour, not the agent/broker. My local MLS (MRIS) creates a virtual tour from the photos we upload - it&#039;s not something that we create and have hosted externally and then link to. 

The MLS could argue that it doesn&#039;t violate the Code of VA because it&#039;s created by the MLS and is directly linked to from the MLS listing which clearly shows the name of the agent&#039;s brokerage firm, contact info, etc.

I&#039;m not defending the MLS (I actually think that most are in it for the money and not the agent whatsoever) - just thinking out loud about the arguement they may use.</description>
		<content:encoded><![CDATA[<p>Pavel &#8211; It may have something to do with the MLS being the creator (and owner) of the virtual tour, not the agent/broker. My local MLS (MRIS) creates a virtual tour from the photos we upload &#8211; it&#8217;s not something that we create and have hosted externally and then link to. </p>
<p>The MLS could argue that it doesn&#8217;t violate the Code of VA because it&#8217;s created by the MLS and is directly linked to from the MLS listing which clearly shows the name of the agent&#8217;s brokerage firm, contact info, etc.</p>
<p>I&#8217;m not defending the MLS (I actually think that most are in it for the money and not the agent whatsoever) &#8211; just thinking out loud about the arguement they may use.</p>
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		<title>By: Pavel</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26517</link>
		<dc:creator>Pavel</dc:creator>
		<pubDate>Fri, 01 May 2009 11:15:16 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26517</guid>
		<description>Jim said:  &quot;But we can’t post video in the MLS if the video has branding. So … if we post an unbranded video, aren’t we violating the Code of Virginia?&quot; How is posting a non-branded video any different from a non-branded virtual tour?  A non-branded VT is not in violation of the Code of Virginia if it&#039;s linked to from MLS.</description>
		<content:encoded><![CDATA[<p>Jim said:  &#8220;But we can’t post video in the MLS if the video has branding. So … if we post an unbranded video, aren’t we violating the Code of Virginia?&#8221; How is posting a non-branded video any different from a non-branded virtual tour?  A non-branded VT is not in violation of the Code of Virginia if it&#8217;s linked to from MLS.</p>
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		<title>By: Tony Arko</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26513</link>
		<dc:creator>Tony Arko</dc:creator>
		<pubDate>Thu, 30 Apr 2009 22:48:05 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26513</guid>
		<description>Imagine if the tech savvy, transparent  and open minded agents all bought the single property web addresses for all our listings.  And then at the end of the transaction asked the new homeowners to update that web address with all the information regarding their home including the tax record, a copy of the deed, the survey, pictures of renovations, in essence creating an entire story and history about the home.  Then when it came time to sell it you didn&#039;t need to stick it into an MLS controlled by idiots, you could just put up a post saying you are selling the home and here is the price and contact the listing agent.   No more MLS.  That would be great.

By the way, the Washington Post uses Trulia for their listings database and cancelled the contract with MRIS.  I wonder why?</description>
		<content:encoded><![CDATA[<p>Imagine if the tech savvy, transparent  and open minded agents all bought the single property web addresses for all our listings.  And then at the end of the transaction asked the new homeowners to update that web address with all the information regarding their home including the tax record, a copy of the deed, the survey, pictures of renovations, in essence creating an entire story and history about the home.  Then when it came time to sell it you didn&#8217;t need to stick it into an MLS controlled by idiots, you could just put up a post saying you are selling the home and here is the price and contact the listing agent.   No more MLS.  That would be great.</p>
<p>By the way, the Washington Post uses Trulia for their listings database and cancelled the contract with MRIS.  I wonder why?</p>
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		<title>By: Jim Duncan</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26511</link>
		<dc:creator>Jim Duncan</dc:creator>
		<pubDate>Thu, 30 Apr 2009 16:22:05 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26511</guid>
		<description>I had &quot;Google the address&quot; in a listing last week and got reported within hours for directing people to a site outside the MLS. 

But now, I assume that any consumer is going to be googling addresses anyway.</description>
		<content:encoded><![CDATA[<p>I had &#8220;Google the address&#8221; in a listing last week and got reported within hours for directing people to a site outside the MLS. </p>
<p>But now, I assume that any consumer is going to be googling addresses anyway.</p>
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		<title>By: Daniel</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26510</link>
		<dc:creator>Daniel</dc:creator>
		<pubDate>Thu, 30 Apr 2009 15:46:59 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26510</guid>
		<description>To my knowledge, the CAAR MLS doesn&#039;t explicitly forbid phrases like &quot;Google 503 Rialto&quot; for more info - but I got in trouble for that nonetheless.</description>
		<content:encoded><![CDATA[<p>To my knowledge, the CAAR MLS doesn&#8217;t explicitly forbid phrases like &#8220;Google 503 Rialto&#8221; for more info &#8211; but I got in trouble for that nonetheless.</p>
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		<title>By: Danilo Bogdanovic</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26509</link>
		<dc:creator>Danilo Bogdanovic</dc:creator>
		<pubDate>Thu, 30 Apr 2009 15:37:32 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26509</guid>
		<description>I&#039;m definitely with you on this one! The MLS doesn&#039;t allow for much of anything in the way of marketing anything but boring property information that isn&#039;t close to being as relevant as the information it doesn NOT allow.

Here&#039;s something to think about...the MRIS (DC/VA/MD  area MLS) says you can&#039;t put in URL&#039;s, but it doesn&#039;t say anything about not being to put something such as &quot;Google 21377 Scara Place for more info&quot; in the agent or public/internet remarks (try Googling that address and see what happens)</description>
		<content:encoded><![CDATA[<p>I&#8217;m definitely with you on this one! The MLS doesn&#8217;t allow for much of anything in the way of marketing anything but boring property information that isn&#8217;t close to being as relevant as the information it doesn NOT allow.</p>
<p>Here&#8217;s something to think about&#8230;the MRIS (DC/VA/MD  area MLS) says you can&#8217;t put in URL&#8217;s, but it doesn&#8217;t say anything about not being to put something such as &#8220;Google 21377 Scara Place for more info&#8221; in the agent or public/internet remarks (try Googling that address and see what happens)</p>
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		<title>By: JF.sellsius</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26503</link>
		<dc:creator>JF.sellsius</dc:creator>
		<pubDate>Thu, 30 Apr 2009 00:27:04 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26503</guid>
		<description>The statute (VA Code) should legally trump the MLS rules.  The solution is actually pretty simple.  Get a letter (or citation) from your MLS saying you are in violation of their rules and subject to legal action.  Take that to an attorney (one who does constitutional law would be best) and ask him or her to file an action for &quot;declaratory judgment&quot; http://en.wikipedia.org/wiki/Declaratory_judgment to declare the rights of the parties. You must show a threat by the MLS, so that you establish a real controversy for the Court to rule on (just saying there is a conflict is not enough).  The Court will issue a judgment telling you which has precedence.  Then you can do your video with your contact info  embedded (and the MLS will have to find another way to stick it to you. ) 
PS: Sometimes law firms will do these cases pro bono (for free) because important issues are at stake.</description>
		<content:encoded><![CDATA[<p>The statute (VA Code) should legally trump the MLS rules.  The solution is actually pretty simple.  Get a letter (or citation) from your MLS saying you are in violation of their rules and subject to legal action.  Take that to an attorney (one who does constitutional law would be best) and ask him or her to file an action for &#8220;declaratory judgment&#8221; <a href="http://en.wikipedia.org/wiki/Declaratory_judgment" rel="nofollow">http://en.wikipedia.org/wiki/Declaratory_judgment</a> to declare the rights of the parties. You must show a threat by the MLS, so that you establish a real controversy for the Court to rule on (just saying there is a conflict is not enough).  The Court will issue a judgment telling you which has precedence.  Then you can do your video with your contact info  embedded (and the MLS will have to find another way to stick it to you. )<br />
PS: Sometimes law firms will do these cases pro bono (for free) because important issues are at stake.</p>
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		<title>By: Jim Duncan</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26500</link>
		<dc:creator>Jim Duncan</dc:creator>
		<pubDate>Wed, 29 Apr 2009 14:59:18 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26500</guid>
		<description>Matthew - 

Thanks for the comment. Unless we collectively change our thinking, we are doomed by, not necessarily Trulia and Zillow, but &lt;em&gt;the&lt;/em&gt; Trulias and Zillows that are out to eat our selfish lunches.

Daniel - 

Amen, and frankly, that&#039;s why Nest is doing our signs the way we are - the marketing should be about the property, not the agent.</description>
		<content:encoded><![CDATA[<p>Matthew &#8211; </p>
<p>Thanks for the comment. Unless we collectively change our thinking, we are doomed by, not necessarily Trulia and Zillow, but <em>the</em> Trulias and Zillows that are out to eat our selfish lunches.</p>
<p>Daniel &#8211; </p>
<p>Amen, and frankly, that&#8217;s why Nest is doing our signs the way we are &#8211; the marketing should be about the property, not the agent.</p>
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		<title>By: Daniel</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26496</link>
		<dc:creator>Daniel</dc:creator>
		<pubDate>Tue, 28 Apr 2009 17:36:59 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26496</guid>
		<description>Don&#039;t even get me started on the MLS on single-property websites.  It was like pulling teeth trying to get my  house&#039;s website not taken down (http://www.503rialto.com) (#1 result in Google, BTW).

As a tech-savy real estate consumer (not an agent), I was appalled at the way the MLS wanted to present my  home (crappy resolution photos, short description, no links, no maps, no features, no blog... but the agent phone # was there!).

ps.  The #2 google result for my address is the Bubble Blog... so the internet battle rages on...</description>
		<content:encoded><![CDATA[<p>Don&#8217;t even get me started on the MLS on single-property websites.  It was like pulling teeth trying to get my  house&#8217;s website not taken down (<a href="http://www.503rialto.com" rel="nofollow">http://www.503rialto.com</a>) (#1 result in Google, BTW).</p>
<p>As a tech-savy real estate consumer (not an agent), I was appalled at the way the MLS wanted to present my  home (crappy resolution photos, short description, no links, no maps, no features, no blog&#8230; but the agent phone # was there!).</p>
<p>ps.  The #2 google result for my address is the Bubble Blog&#8230; so the internet battle rages on&#8230;</p>
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		<title>By: Matthew Rathbun</title>
		<link>http://www.realcentralva.com/2009/04/28/realtors-versus-the-mls-and-the-real-estate-board/comment-page-1/#comment-26494</link>
		<dc:creator>Matthew Rathbun</dc:creator>
		<pubDate>Tue, 28 Apr 2009 16:47:07 +0000</pubDate>
		<guid isPermaLink="false">880774269#comment-26494</guid>
		<description>Sigh....  Has anyone ever asked why Realtor.com doesn&#039;t come up in a Google search?  Relevance...  

The MLS&#039;s and R.com simply aren&#039;t coming up with workable solutions to face the reality in that the internet is THE definitive source of consumer interaction.  

I would argue that the host site for the video (i.e. MLS IDX) should hold the disclosures that the agent is licensed, etc...  The issue is the webpage where the agent actually created the video, such as Vimeo or YouTube.  If it&#039;s not attached to a page, than I think the same disclosures required in 18VAC135-20-190 would need to be there as well -or- the video needs to be private.

I understand the resolution of the MLS to keep agents from making the promotion about them - and not about the property.  I understand (because of my disdain for dual-agency) the limitation of using the MLS to solicit buyers and use the listing as buyer-bait.  

However neither of these reasons should be justification for an agent not being able to do everything in their power to promote the property.

Personally, I&#039;m a big fan of Trulia and I think that if MLS don&#039;t start doing a better job of catching the eye of the consumer; than agents are going to start abandoning MLS and use the more effective and free venues.  

MLS&#039;s should stop thinking of the agent as the consumer and start thinking of the consumer, as the consumer.  

In the end - I think that if the host site (the MLS) has the disclosures you&#039;re probably ok.  But I also don&#039;t think that the agent talking about the house is self promotion.  The agent talking about the agent, would be.

 You may have just created a whole new category of offenses for agents that no one will every write a complaint about; but will gripe about in the office.</description>
		<content:encoded><![CDATA[<p>Sigh&#8230;.  Has anyone ever asked why Realtor.com doesn&#8217;t come up in a Google search?  Relevance&#8230;  </p>
<p>The MLS&#8217;s and R.com simply aren&#8217;t coming up with workable solutions to face the reality in that the internet is THE definitive source of consumer interaction.  </p>
<p>I would argue that the host site for the video (i.e. MLS IDX) should hold the disclosures that the agent is licensed, etc&#8230;  The issue is the webpage where the agent actually created the video, such as Vimeo or YouTube.  If it&#8217;s not attached to a page, than I think the same disclosures required in 18VAC135-20-190 would need to be there as well -or- the video needs to be private.</p>
<p>I understand the resolution of the MLS to keep agents from making the promotion about them &#8211; and not about the property.  I understand (because of my disdain for dual-agency) the limitation of using the MLS to solicit buyers and use the listing as buyer-bait.  </p>
<p>However neither of these reasons should be justification for an agent not being able to do everything in their power to promote the property.</p>
<p>Personally, I&#8217;m a big fan of Trulia and I think that if MLS don&#8217;t start doing a better job of catching the eye of the consumer; than agents are going to start abandoning MLS and use the more effective and free venues.  </p>
<p>MLS&#8217;s should stop thinking of the agent as the consumer and start thinking of the consumer, as the consumer.  </p>
<p>In the end &#8211; I think that if the host site (the MLS) has the disclosures you&#8217;re probably ok.  But I also don&#8217;t think that the agent talking about the house is self promotion.  The agent talking about the agent, would be.</p>
<p> You may have just created a whole new category of offenses for agents that no one will every write a complaint about; but will gripe about in the office.</p>
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