SECTION 1 – DEFINITIONS

Broker Reciprocity – Broker Reciprocity affords MLS Participants the ability to authorize limited electronic display of their listings by other participants.

Broker Reciprocity Database – the current aggregate compilation of all listings of all Broker Reciprocity Subscribers except those listings where the property seller has opted out of Internet publication by so indicating on the listing contract and on the Listing Data Input Form by entering “NO” in the Public Viewable “YES/NO” field.

Broker Reciprocity Subscriber (hereafter called a BRS) – an MLS Participant that participates in the Broker Reciprocity program with their listings.

Broker Reciprocity Subscriber’s Agent (hereafter called a BRSA) – is a BRS’s non-principal broker or sales licensee who has written authorization from the BRS to use the BR Database with a limited electronic display or frame their BRS’s limited electronic display.

MichRIC – The Michigan Regional Information Center, LLC which is an organization that provides MLS computer services and a real property database to the Members of the MichRIC Member Associations and MLSs. Participants’ consent for display of their listings by other participants pursuant to these rules and regulations is presumed unless a participant affirmatively notifies the MLS that the participant refuses to permit display (either on a blanket or on a listing-by-listing basis). If a participant refuses on a blanket basis to permit the display of that participant’s listings, that participant may not download, frame or display the aggregated MLS data of other participants. Even where participants have given blanket authority for other participants to display their listings on BRS or BRSA sites, such consent may be withdrawn on a listing-by-listing basis where the seller has prohibited all Internet display.

SECTION 2 REPUBLICATION OF BROKER RECIPROCITY DATABASE ON INTERNET PERMITTED.

a. A BRS or BRSA may republish all or a portion of the Broker Reciprocity Database on a limited electronic display in accordance with the following provisions and any policies that MLS may adopt from time to time. A BRS or BRSA may select the listings they choose to display on their BRS or BRSA sites based only on objective criteria including, but not limited to, factors such as geography or location (“uptown,” “downtown,” etc.), list price, type of property (e.g., condominiums, cooperatives, single-family detached, multi-family), cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right-to-sell or exclusive agency), or the level of service being provided by the listing firm. Selection of listings displayed on any BRS or BRSA site must be independently made by each BRS or BRSA. If you plan to display only a subset of the BR Database, you shall have one of the following disclosures on your web site that explains the situation to consumers: “(Your firm’s name) does not display the entire MLS (or MichRIC) Broker Reciprocity database on this web site.” And, if applicable, the following statement: “The listings of some real estate brokerage firms have been excluded.”

b. A BRS or BRSA must notify the MLS of their intention to display Broker Reciprocity information and must give the MLS direct access for purposes of monitoring/ensuring compliance with the applicable rules and policies.

c. Display of expired and withdrawn listings is prohibited. Because “sold” information is publically accessible in Michigan, the sold listings in the MLS for the past 36 months shall be provided in the Broker Reciprocity Database upon request of the BRS or BRSA and the sold listings for the past 36 months may be displayed on their limited electronic display subject to these Broker Reciprocity Rules.

d. Confidential information intended only for the other BRSs and BRSAs may not be displayed on Broker Reciprocity sites. The list of those fields by Property type is as follows:

Residential (and All Other Property types) Office Id, Agent ID, Co‐Office ID, Co‐Agent ID, Public Viewable, Show Address to Public, Show AVM to Public, VOW Public Comments, Sub Agency Compensation, Buyer Agency Compensation, Transaction Coordinator Compensation, Variable Rate, Exclusive Agency, Reserved Prospect, Listing Date, Expiration Date, Occupant Type, Owner Name, Owner Phone, Showing Instructions, Tour Date, Tour Time, Agent Only Remarks

Vacant Land (Same as Residential) plus the following: Listings to Commercial Source Documents at Listing Office

Multi Family (Same as Residential) plus the following: Annual Insurance, Annual Maintenance, Annual Utilities Annual Maintenance Fees, Gross Operating Income, Total Expense, Net Operating Income

Commercial Sale (Same as Residential)

Commercial Lease (Same as Residential)

For All Sold Listings: Sold Sales Condition, Sold Sale Terms and Seller Concessions

e. Participation in Broker Reciprocity is available to all MLS Participants who are REALTORS® who are engaged in real estate brokerage and who consent to display of their listings by other participants.

f. The BRS or BRSA must refresh all MichRIC downloads and BRS and BRSA displays automatically fed by those downloads at least once every twelve (12) hours. The MLS requires you to display on your web site the last update date. (i.e. Updated: xx/xx/xx)

g. A BRS or BRSA may not modify the actual data relating to another BRS’s listing. A computer generated written description of the listing using the actual data from the BRS’s listing is permissible. For your own listings, you can do anything you want to as long as it is in compliance with applicable laws and the Code of Ethics. MLS data may be augmented with additional data not otherwise prohibited from display so long as the source of the additional data is clearly identified. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized data fields. The additional data shall be located outside the “body” of the BR’s listing as defined in subparagraph “m”.

h. Listings, including property addresses, can be included in BR displays except where a seller has directed their listing brokers to withhold their listing or the listing’s property address from all display on the Internet (including, but not limited to, publicly-accessible websites or VOWs). If the property address is withheld, the property shall not appear on any maps.

i. Display of seller’s(s’) and/or occupant’s (s’) name(s), phone number(s), and email address(es) is prohibited.

j. Any BR display controlled by a participant must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. For purposes of the BR policy and these rules, “control” means the ability to add, delete, modify and update information as required by the BR policy and MLS Rules.

k. A brief or thumbnail display is defined as being no more than 200 characters of listing data text. A thumbnail display of another BRS’s listing may not include any contact information or branding of the BRS who owns the web site or any of its agents. A thumbnail display may only include the following: text data about the listed property, an image of the listed property, the logo of the listing broker and “buttons” or hot links for a detailed listing display. The provision relating to “contact information or branding” is designed to prevent the web-site-owning BRS’s or BRSA’s contact information, contact links, and branding, and that of its agents, from appearing on other BRS’s listings. “Branding” refers to any marks or language referring to the web-site-owning BRS repeated in the thumbnail display of another BRS’s listing. Any association of such information or branding with the listing data is a violation of this rule.

l. A search result producing a detailed display of another BRS’s listing shall display that BRS’s name and Listing Agent’s name within the property information in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. MichRIC’s copyright notice shall be displayed immediately following the property information. The copyright notice shall be at least a 10 point font size and appear exactly as follows: “ Copyright nnnn MichRIC, LLC. All rights reserved. “[Where nnnn is the current year.] The copyright symbol can be used in place of the word “copyright”. MLS interprets any display containing more than 200 characters of listing data text as being a detailed display. A detailed display of another BRS’s listing may not include any contact information, links to, or branding of the MLS Participant who owns the web site or any of it’s agents within the “body” of the listing data. The “body” is defined as the rectangular space whose borders are delimited by the utmost extent in each direction of the listing text and photo data. The prohibition on branding or contact information within the “body” of the listing data is intended to prevent any possible confusion on the part of the consumer as to the source of the listing.

m. Any result identifying another BRS’s listing shall include the disclaimer “Information Deemed Reliable But Not Guaranteed.” This disclaimer shall be at least a 10 point font size. Display of minimal information (e.g“thumbnails”, text messages, “tweets”, etc. of two hundred (200) characters or less are exempt from this requirement but only when linked directly to a display that includes all required disclosures.

n. Any limited electronic display used for publication of the Broker Reciprocity Database or any portion thereof must be controlled by a BRS or a BRSA and advertised as that BRS’s or BRSA’s limited electronic display. In order to participate in Broker Reciprocity™, a limited electronic display must be marketed and branded or cobranded as the broker’s site. For purposes of the BR policy and these rules, “control” means the ability to add, delete, modify and update information as required by the BR policy and MLS Rules.

o. Non-principal brokers and sales licensees affiliated with a BRS may display information available through Broker Reciprocity on their own websites subject to their BRS’s consent and control and their written authorization. If written authorization is obtained by a non-principal broker or sales licensee to use the BR database to populate their web site, the BRS, licensee and any third party vendor shall sign an agreement with the MLS setting forth the permissible uses of the BRS Database, agreeing to comply with the MLS Rules and Regulations governing the BR Database, and agreeing to comply with all state laws and regulations.

p. Any BRS or BRSA display controlled by a BRS or BRSA that:

1. allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or

2. displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing, either or both of those features shall be disabled or discontinued for the seller’s listings at the request of the seller.

The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all displays controlled by participants. Except for the foregoing and subject to paragraph q below, a participant’s BRS display may communicate the participant’s professional judgment concerning any listing. Nothing shall prevent a BRS or BRSA display from notifying its customers that a particular feature has been disabled at the request of the seller.

q. BRSs and BRSAs shall maintain a means (e.g., e-mail address, telephone number) to receive comments about the accuracy of any data or information that is added by or on behalf of the participant beyond that supplied by the MLS and that relates to a specific property BRSs and BRSAs shall correct or remove any false data or information relating to a specific property upon receipt of a communication from the listing broker or listing agent for the property explaining why the data or information is false. However, BRSs and BRSAs shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment.

r. BRSs and BRSAs may not use Broker Reciprocity provided listings for any purpose other than display as provided for in these rules. This does not require a BRS or BRSA to prevent indexing of Broker Reciprocity listings by recognized search engines.

s. A BRS or BRSA must make changes to an Internet display necessary to cure a violation of the MLS’s Rules and Regulations within five (5) business days of notice from the MLS of the violation. MLS reserves the right to discontinue the data feed you receive if you do not comply with this requirement. You may also be subject to fines from the MLS. The recipient of a sanction may request a hearing before the Professional Standards Committee of the Association of REALTORS in accordance with the Bylaws and Rules and Regulations of the Association within 20 days following receipt of the notice of violation.

t. Except as provided in the BR policy and these rules, a Broker Reciprocity site or a BRS or BRSA operating a Broker Reciprocity site or displaying BR information as otherwise permitted may not distribute, provide, or make any portion of the MichRIC database available to any person or entity. In addition, a brokerage firm cannot sell access to the Broker Reciprocity Data to other brokers or any other businesses, whether or not they are participants in MLS.

u. A BRS or BRSA may co-mingle the listings of other brokers received in a BR feed with listings available from other MLS BR feeds, provided all such displays are consistent with the BR rules, and the BRS and BRSA holds participatory rights in those MLSs. As used in this policy, “co-mingling” means that consumers are able to execute a single property search of multiple BR data feeds resulting in the display of BR information from each of the MLSs on a single search results page; and that BRSs may display listings from each BR feed on a single webpage or display.

v. No portion of the Broker Reciprocity Database shall be co-mingled with any non-MLS listings on the BRS’s or BRSA’s Internet web site limited electronic display. If you take listings from consumers but do not put them into an MLS system, they cannot appear on any thumb-nail display or as part of any search results with BR Database data. If the property in question appears in any other MLS, then the property may be co-mingled. If you serve a market area without an MLS, you must either enter such listings into an MLS in a market that has one, or you must not co-mingle those listings with the BR Database listings.

w. Any BRS and BRSA using a third party to develop and /or design its limited electronic display shall have a written agreement with that third party in the form prescribed by the MLS. MLS requires that third parties gaining access to the BR Database sign the standard contract as approved by the MLS. Providing an MLS password to an unauthorized recipient is a serious violation of the MLS Rules and Regulations punishable by a fine as established by the individual MichRIC Member Associations for their MLS.

Participants’ consent for display of their listings by other participants pursuant to these rules and regulations is presumed unless a participant affirmatively notifies the MLS that the participant refuses to permit display (either on a blanket or on a listing-by-listing basis). If a participant refuses on a blanket basis to permit the display of that participant’s listings, that participant may not download or frame the aggregated MLS data of other participants. Even where participants have given blanket authority for other participants to display their listings on BRS or BRSA sites, such consent may be withdrawn on a listing-by-listing basis as instructed by the seller.

A BRS or BRSA may republish all or a portion of the Broker Reciprocity Database on the Internet a limited electronic display in accordance with the following provisions and any policies that the MLS Exchange, Inc. may adopt from time to time. A BRS or BRSA is not required to display the whole BR Database. A BRS or BRSA may choose to display only listings in a particular price range, geographical area, or property type. A BRA or BRSA may also choose not to display listings of certain of his/her competitors. If a BRS or BRSA displays only a subset of the BR Database, he/she shall have one of the following consumer disclosures on his/her website:

“(BRS Firm Name) participates in the MLS’s Broker Reciprocity program, allowing us to display other broker’s listings on our site. However, (BRS Firm Name ) displays only <listings in ________ County> or <only condominium listings> or <properties with list prices above $xxx,xxx>.”

(The information contained between these signs < and > is provided for purposes of example only. The BRS or BRSA must be specific about the types of properties that have been excluded.)

“(BRS Firm Name ) does not display the entire MLS Broker Reciprocity Database on this website. The listings of some real estate brokerage firms have been excluded.”

Unless expressly contravened by the provisions of this section, all other rules and regulations remain in full force and effect.

a. A limited electronic display of another BRS’s listing shall not contain more (but may contain less) information than is authorized to be displayed by the policy of the MLS Exchange governing the display of data. A BRS may display any information relating to his/her own listings.a. A limited electronic display of another BRS’s listing shall not contain more (but may contain less) information than is authorized to be displayed by the policy of the MLS Exchange governing the display of data. A BRS may display any information relating to his/her own listings.

b. In order to be a BRS, a Participant must be actively engaged in providing real estate brokerage services to buyer or sellers in residential real estate transactions.b. In order to be a BRS, a Participant must be actively engaged in providing real estate brokerage services to buyer or sellers in residential real estate transactions.

c. The BRS or BRSA shall update the information on its electronic display at least weekly. A BRS or BRSA shall include the following consumer disclosure at his/her website on both the data search page and on the results page:

“Data last updated: xx/xx/xx.”

d. A BRS or BRSA may not modify the actual data relating to another BRS’s listing (this is not a limitation on the design of the site but refers to the actual data). This also includes the display of other data alongside the other BRS’s data unless it is specifically segregated and includes a credit on the non-BR Data that distinctly identifies who is providing the data.d. A BRS or BRSA may not modify the actual data relating to another BRS’s listing (this is not a limitation on the design of the site but refers to the actual data). This also includes the display of other data alongside the other BRS’s data unless it is specifically segregated and includes a credit on the non-BR Data that distinctly identifies who is providing the data.

e. The MLS Exchange, Inc. approved icon and an explanation of the data source must appear on the first page where any listing data is displayed. The following disclosure or its equivalent will satisfy this requirement:

“The properties on this website are generated from the Broker Reciprocity Program of the MLS Exchange, Inc.”

f. Any search result identifying another BRS’s listing in a brief or “thumbnail” format shall bear the MLS Exchange, Inc. approved icon or the MLS Exchange, Inc. approved thumbnail icon immediately adjacent to the property information to identify the listing as an MLS Exchange listing. A brief or thumbnail display is defined as being no more than 120 characters of listing data text and/or an image of no more than 100 pixels high. The MLS Exchange approved icon shall be at last 35 pixels by 35 pixels. A thumbnail display of another BRS’s listing may not include any contact information or branding of the BRS who owns the website or any of its agents. A thumbnail display may only include the following: text data about the listed property, an image of the listed property, the logo of the listing broker or MLS Exchange approved icon, and “buttons” or hot links for a detailed listing display. The provision relating to “contact information or branding” is designed to prevent the website-owning BRS’s or BRSA’s contact information, contact links, and branding, and that of its agents, from appearing on other BRS’s listings. “Branding” refers to any marks or language referring to the website-owning BRS repeated in the thumbnail display of another BRS’s listing. Any association of such information or branding with the listing data is a violation of this rule.f. Any search result identifying another BRS’s listing in a brief or “thumbnail” format shall bear the MLS Exchange, Inc. approved icon or the MLS Exchange, Inc. approved thumbnail icon immediately adjacent to the property information to identify the listing as an MLS Exchange listing. A brief or thumbnail display is defined as being no more than 120 characters of listing data text and/or an image of no more than 100 pixels high. The MLS Exchange approved icon shall be at last 35 pixels by 35 pixels. A thumbnail display of another BRS’s listing may not include any contact information or branding of the BRS who owns the website or any of its agents. A thumbnail display may only include the following: text data about the listed property, an image of the listed property, the logo of the listing broker or MLS Exchange approved icon, and “buttons” or hot links for a detailed listing display. The provision relating to “contact information or branding” is designed to prevent the website-owning BRS’s or BRSA’s contact information, contact links, and branding, and that of its agents, from appearing on other BRS’s listings. “Branding” refers to any marks or language referring to the website-owning BRS repeated in the thumbnail display of another BRS’s listing. Any association of such information or branding with the listing data is a violation of this rule.

g. A search result producing a detailed display of another BRS’s listing shall bear that BRS’s name, the MLS Exchange approved icon, and the MLS Exchange copyright notice immediately following the property information. The copyright notice shall be at least a 10 point font size and appear exactly as follows:

“Copyright 20__ MLS Exchange, Inc. All rights reserved.” (insert current year)

The copyright symbol can be used in place of the word “copyright”. The MLS Exchange interprets any display containing more than 120 characters of listing data text and/or an image of more than 100 pixels high as being a detailed display. The BRS’s name shall be at least as large as the largest type size used to display the listing data. A detailed display of another BRS’s listing may not include any contact information, links to, or branding of the Participant who owns the website or any of its agents within the
“body” of the listing data. The “body” is defined as the rectangular space whose borders are delimited by the utmost extent in each direction of the listing text and photo data. The prohibition on branding or contact information within the “body” of the listing data is intended to prevent any possible confusion on the part of the consumers to the source of the listing.

h. Any result identifying another BRS’s listing shall include the following disclaimer, which shall be at least a 10 point font size:

“Information deemed reliable, but not guaranteed.”

i. Any electronic display used for publication of the Broker Reciprocity Database or any portion thereof must be controlled by a BRS and advertised as that BRS’s electronic display.i. Any electronic display used for publication of the Broker Reciprocity Database or any portion thereof must be controlled by a BRS and advertised as that BRS’s electronic display.

j. A BRS, at his/her option, may give written authorization to his/her non-principal brokers and sales licensees to use the BR database to populate their own websites or frame the BR data on the BRS’s website. If written authorization is obtained by a non-principal broker or sales licensee to use the BR database to populate their website, the BRS, licensee and any third party vendor shall sign an agreement with the MLS Exchange, Inc. setting forth the permissible uses of the BRS Database, agreeing to comply with the MLS Rules and Regulations governing the BR Database, and agreeing to comply with all state laws and regulations.j. A BRS, at his/her option, may give written authorization to his/her non-principal brokers and sales licensees to use the BR database to populate their own websites or frame the BR data on the BRS’s website. If written authorization is obtained by a non-principal broker or sales licensee to use the BR database to populate their website, the BRS, licensee and any third party vendor shall sign an agreement with the MLS Exchange, Inc. setting forth the permissible uses of the BRS Database, agreeing to comply with the MLS Rules and Regulations governing the BR Database, and agreeing to comply with all state laws and regulations.

A BRS or BRSA displaying the Broker Reciprocity Database or any portion thereof shall make reasonable efforts to avoid “scraping” of the data by third parties or displaying of that data on any other website. Reasonable efforts shall include but are not limited to:

1) Monitoring the website for signs that a third party is “scraping” data; and

2) Prominently posting notice that any use of search facilities of data on the site other than by a consumer looking to purchase real estate, is prohibited. 

If a BRS or BRSA suspects “scraping” of the data has occurred, the suspicion and any evidence must be reported to the MLS Exchange, Inc. immediately for investigation and possible action.

l. A BRS or BRSA must make changes to an Internet site necessary to cure a violation of the MLS Exchange Rules and Regulations within five (5) business days of notice from the MLS Exchange of the violation. The MLS Exchange reserves the right to discontinue the data feed provided to the BRS or BRSA without further notice if he/she does not comply with this requirement. He/She may also be subject to fines and/or damages from the MLS Exchange.

m. No portion of the Broker Reciprocity Database shall be used or provided to a third party for any purpose other than those expressly provided in these rules. This section expressly prohibits distribution of the BR Database or any portion of it for any purpose other than those expressly permitted by the MLS Exchange’s MLS Rules and Regulations. This includes distribution to other BRS’s. In other words, a brokerage firm, BRS or BRSA cannot sell access to the Broker Reciprocity Data to other brokers or any other businesses, whether or not they are participants in the MLS Exchange MLS.m. No portion of the Broker Reciprocity Database shall be used or provided to a third party for any purpose other than those expressly provided in these rules. This section expressly prohibits distribution of the BR Database or any portion of it for any purpose other than those expressly permitted by the MLS Exchange’s MLS Rules and Regulations. This includes distribution to other BRS’s. In other words, a brokerage firm, BRS or BRSA cannot sell access to the Broker Reciprocity Data to other brokers or any other businesses, whether or not they are participants in the MLS Exchange MLS.

n. No portion of the Broker Reciprocity Database shall be co-mingled with any non-MLS listings on the BRS’s or BRSA’s limited electronic display. If a BRS takes listings from consumers but does not process them in the MLS, they cannot appear on any thumbnail display or as part of any search results with BR Database data. If the property in question appears in an MLS other than the MLS Exchange’s MLS, it may be co-mingled.n. No portion of the Broker Reciprocity Database shall be co-mingled with any non-MLS listings on the BRS’s or BRSA’s limited electronic display. If a BRS takes listings from consumers but does not process them in the MLS, they cannot appear on any thumbnail display or as part of any search results with BR Database data. If the property in question appears in an MLS other than the MLS Exchange’s MLS, it may be co-mingled.

o. Any BRS and BRSA using a third party to develop/design its website must obtain a written agreement with that third party in the form prescribed by the MLS Exchange. The MLS Exchange requires that third parties gaining access to the BR Database sign the standard contract as approved by the MLS Exchange. Providing an MLS password to an unauthorized recipient is a serious violation of the MLS Exchange’s MLS Rules and Regulations, punishable by a fine for each such violation.