ListHub’s Listing and Data Protections
ListHub has agreements in place with their publishers to provide consistent protections for members’ listing data. ListHub worked with the industry, including brokers, MLSs, consultants and others, to identify the core values and expectations that listing content owners have with respect to the use of their listing information when syndicated to a third party website.
Some of the core tenets that exist today in the ListHub Publisher agreements:
- Listing data may only be used for consumer display
- Restrictions on use of listing data for any derivative works or other non- display uses
- Listing data may not be used after it is off-market
- The content owner maintains all Intellectual Property rights
- Publisher must display a set of minimum fields including price, address, broker name, etc.
- Publisher must accept a broker-authorized, MLS-sourced listing as the highest ranking listing feed and cannot overwrite this data with listing data from a third party
- Publisher must route any consumer leads to the email address designated by the broker as the lead email address (certain exceptions exist related to pre-existing agent products)
- Publisher may not re-syndicate or distribute listing data to any third party – Publisher may have rights to power the search on a third party site if authorized in the agreement
- Publisher must update site at least daily
- Publisher must provide notice for any changes to its terms and conditions
- Publisher shall abide by any state laws regarding display of real estate content
- Publisher must provide error logs for any listing that is not accepted, and provide a direct URL for any listing that is accepted
- Publisher must provide search impressions, detail views, and lead data for all listings (most use ListHub’s java script tracking technology but a limited few still provide file-based metrics on a daily basis)
- Brokers have right to opt-out at any time (no long-term commitment)
- Publishers must use the currently supported version of the RETS syndication specification
Membership Industry Luncheon Topics
Helpful Hints from Chet Nicora (Appraiser) and Others
- We have concerns about representations of age of repairs made to homes, such as when an agent indicates that a roof is “new” when in fact it was put on in 1990. A suggestion was made that the words “newer” be used and then in the remarks section, indicate the actual year the repair was done. What can be done?
Too true! There is potential broker liability if a seller discloses that a new roof was installed in 1990, yet the agent classifies it as “new” and omits the 1990, or the “17 years old” part. Buyers agents should also follow up on any general statements indicating condition (“new”, “refinished” “rehabbed”), to determine if factual information is available and if not, make sure clients are advised to seek an assessment by a professional (home inspector, septic inspector etc..) Proper disclosure is the most important legal aspect to this business – Read More about Chapter 93A
- What is the legal description of a bedroom? Is it size? Does it have to have a closet? Does it have to have heat?
Chet Nicora, appraiser and instructor for the Berkshire Board of REALTORS®, said that definition of a bedroom is very subjective based on functional use of the property, what is typical in the area, and the age of the home.
- Basement space can not be considered a bedroom because of window size.
- A “walk-thru” room cannot be considered a bedroom because it lacks privacy.
- An interior room cannot be called a bedroom because it lacks windows entirely.
Meeting Highlights – 2015 Installation of Officers
REACT Needs You!
Database Field Descriptions
As our database expands to meet our market needs, there are several fields that may give you pause. For your assistance, we are offering detailed descriptions of property input selections to help – here we have definations for the “Land Use” field, including meanings of 61A, APR, Grove and more.
Land Use Definitions: | |
61A | Land deemed agricultual or horticultural for assessment and taxation purposes, defined in Chapter 61A of Mass General Law |
61B | Land deemed recreational for use, assessment and taxation purposes, defined in Chapter 61B of Mass General Law |
APR | Agricultural Preservation Restriction Program, voluntary option of protecting farmland from future development by placing a deed restriction on the land to preclude any use of the property that will have a negative impact on its agricultural viability |
Dairy Farm | Moo. A farm for producing milk and milk products, from cows, sheep, goats, etc. |
Farm Land | Arable land that is worked by plowing and sowing and raising crops |
Grove | A small wood or forested area, usually with no undergrowth |
Hobby Farm | A small farm that is maintained without expectation of being a primary source of income |
Horses Allowed | Land zoning that allows for horse activities. Note: Regs can restrict horse activies, such as Mass drinking water regulations do not allow stabling, hitching, standing, feeding or grazing within 100 feet of a tributary to a drinking water supply. |
Orchards | An area of land devoted to the cultivation of fruit or nut trees. |
Pasture | A field covered with grass or herbage and suitable for grazing by livestock |
Poultry Farm | An area of land that is used for the production eggs, chickens, turkeys, and ducks or specialize in poultry production |
Row Crops | An area of land that is planted in strips of agricultural crops, such as corn and soybeans, that are grown in rows |
Scenic Mtn Act | A provision that may be adopted by a city or town to impose additional building regulations on mountainous regions. |
Get Licensed To Sell
2015 MLS President Mary Jane White
This year we will be enhancing the current FlexMLS system, and uncovering ways that internet resources can benefit our clients and help us connect with consumers. I’ll be forming Task Forces to research new services and will work on joint efforts to keep us moving in the right direction. We will also be looking at MLS system training needs.
If you are at all interested in some of the new industry issues on the horizon, I would encourage you to check out the FlexMLS blog.
I can be reached anytime or feel free to use our online form below. I look forward to working with you and for you this year.
Thank you,
Mary Jane White, 2015 President
Berkshire County Multiple Listing Service, Inc.
You can submit suggestions for the Board to consider, or reach out and contact them (shown below) to discuss any issues you may have. The Board takes member input very seriously and considers all requests and suggestions.
2015 President Steven Ray
Your Board President’s Corner
Thank you for visiting our website and learning about the issues facing your association and your profession. I will post updates on this page throughout the year as issues come to light and to demonstrate how your elected leaders are serving your business interests.
Please let me know if you have any issues that you would like to discuss with me. Please feel free to call, email or offer your thoughts via our on-line form below.
Sincerely,
Steven Ray, 2015 President
Berkshire County Board of REALTORS®, Inc.
You can submit suggestions for the Board to consider, or reach out and contact them (shown below) to discuss any issues you may have. The Board takes member input very seriously and considers all requests and suggestions.
MLS Issues from the NAR Conference
Meeting Management
The following Web sites offer interesting tidbits about becoming the best leader you can be: EmergingLeader.com – A user-driven site serving as a repository for fresh ideas and candid feedback on lessons learned. The Peter F. Drucker Foundation – The site of the Peter F. Drucker Foundation offers a hearty dose of online leadership immersion. |
Responsibility of Leadership
As a member of the leadership team, you carry several basic responsibilities. It is necessary that you understand the structure and operation of the Board, and how your Board is one of many important parts of the organization. You are responsible for knowing the Board’s previous activities, for completing unfinished projects and for meeting the goals for the year.
You must keep your attention focused on its work. If your Board discusses matters that bear on committees in the Board, you are responsible for referring those issues to the appropriate committee.
You are responsible for
- the orderly and efficient conduct of meetings;
- maintaining open communication among members;
- encouraging participation;
- moving toward a consensus or decision;
- and for maintaining accurate and concise records of each meeting.
You are also responsible for periodically evaluating the performance of Board, both collectively and individually, to determine if you are fulfilling its purpose and meeting its goals.
To help you meet these responsibilities the Chief Executive Officer of the Board will serve as your liaison. Seek advice and assistance from this individual whenever it is needed. The Chief Executive Officer is responsible for the administration and execution of decisions made by the Board, is familiar with all operations and processes, and will be able to answer your questions about procedural matters.… Read on
How To Create a Facebook Friend List
REALTOR Safety Month: The Safety Talk You Need to Have With Clients
REMINDER: August 15th, CURRENT Exclusive Right to Sell Contract Required for Submission
The Fault Lies not in the Stars …. Message From NAR
MLS Report from the Board of Directors July 2014
Early Victory for Move, NAR in Court Battle With Zillow, Samuelson
Mandatory Use of CURRENT Exclusive Right to Sell Contract
Office Policies
25 Things Every Policy Manual Needs
Your brokerage office’s policy manual provides a road map for new workers during orientation and helps them understand your company, its goals, and what is expected of them to succeed.
… Read on1. A mission statement and business philosophy.
2. Company history, including major milestones, accomplishments, and any background on mergers and acquisitions.
3. The company’s target markets, demographics, property types, list of services, and marketing plan.
4. National, state, and local codes of ethics, which formally explain how salespeople must adhere to regulations.
5. Fair housing regulations, sexual harassment policies.
6. Independent-contractor agreement.
7. Expense management—who bears responsibility for board dues, MLS fees, continuing education costs.
8. Fee and commission structure—splits, co-operative policies, bonus plans.
9. Advertising strategy—philosophy, costs to the salesperson, signage, and process for submitting ads.
10. Internet and e-mail policies—use of logos, photos, company name; who is responsible for designing and maintaining the site; spamming and opt-in marketing; copyright issues; legal and illegal contests.
11. Procedures- office hours, dress policy, personal safety.
12. Keys—locations and how they’re managed.
13. An equal employment opportunity statement, stating that applicants are considered without regard to race, color, religion, sex, national origin, age, or disability.
14. Sales meetings—suggested attendance.
15. Overhead costs— responsibility for local and long-distance calls, postage, photocopying, advertising.
16. Procedures- floor time, presenting offers, presenting agency and other disclosure statements, delivering paperwork, open house, forms of agency.
17. MLS—responsibility for entering listings into the system, how long listings can remain on the site after sale.