Have you read something explaining this rumor?  I came across an interesting ad on an industry site recently.  It is being run by a supplier to the real estate industry.  If you’ve seen it, you know what I’m talking about.  If you haven’t seen it, keep this post in mind when you do. 

Here’s my analysis of the rumor being spread by this ad.

• The ad states that “the DOJ has mandated new requirements for real estate websites”. 
  • Actually, that’s not exactly true.  The agreement between NAR and the DOJ identifies new requirements for VOW searches.

If you click on the ad, you reach a landing page that contains further explanation:

• The landing page tells you that virtually every real estate website that offers an “MLS or IDX” link is out of compliance with the new regulations and continuing to provide that link could result in an agent losing their access to the MLS.
  • Exhibit A of the DOJ judgment does require a change in the way MLS data is accessed by the public, but it refers only to VOWs, not IDX searches.  As you’re probably aware, the number of VOW searches is miniscule compared to the number of sites using IDX.
•  The landing page also offers a solution:  a “free compliance gateway”.   This technology is free to anyone with a real estate website.  I presume that somehow you are supposed to integrate this “gateway” between your website visitors and your MLS search.  I won’t even comment on what it would take to make that happen.
  • Let’s think about this one.

If you get your VOW from your MLS, do you think your MLS will continue to provide the same functionality without coming into compliance with the DOJ requirements?  I don’t think so.

If you get your VOW from a third-party vendor, you know that the vendor is able to provide the VOW based on an agreement with your MLS.  Do you think your MLS will continue to provide the data feed to the vendor without making sure that vendor is in compliance with the DOJ requirements?  Yea, right.

Call me crazy, but I just can’t think of any reason why anyone would need a separate piece of software to act as a compliance gateway.

If anyone has a different interpretation of the situation, having studied the published documents about the agreement, or having discussed the issue with their MLS, please jump in here.