ABIDE BY RULES WHEN USING CMLS STATISTICAL INFORMATION
By: Debbie Wey, assistant director, CMLS policy
CMLS prefers to provide statistical information to the media directly. However, CMLS Member Participants (MPs) and Subscribers may provide statistical information to the media, or create promotional fliers that list properties that have sold in a particular neighborhood. It is important, though, that any public representation of CMLS statistical information conforms to the requirements that follow.
CMLS must be cited as the source of the statistical information by including the disclaimer from Section 13. This disclaimer indicates that data is based on information from CMLS, and specifies the date range and area covered.
To prevent a violation of Article 12 of the Realtor® Code of Ethics, any public representation of CMLS statistical information in the media or any flier that lists sold properties must indicate that ”Properties may be listed or sold by various participants of the MLS.”
MPs and Subscribers must ensure that any retransmission of the statistical information by the media includes the required disclaimer from Section 13. This disclaimer indicates that data is based on information from CMLS, and specifies the date range and the area covered. Media use of this information must also include the statement that “Properties may be listed or sold by various participants of the MLS.”
A statistical report based on active listings must be based on a dataset that includes more than one active listing; otherwise, it could be construed that the brokerage publishing the report is advertising another brokerage’s listing without permission.
Do not include a list of active listings in a flier, a website or similar media. Section 3.7 says, “No one shall advertise a listing, other than the listing Brokerage, without prior written consent of the Listing Brokerage.” Permission to display listings belonging to other brokerages is granted through CMLS’ Carolina Data Share (“CDS”)/Internet Data Exchange (“IDX”) program (see Section 16). CDS/IDX pertains only to Internet displays of listings. The CDS/IDX rules require certain items to be displayed on every listing that belongs to another brokerage. You must either comply with the CDS/IDX rules to display active listings on a website, or obtain written permission from the listing brokerage in advance to advertise another broker’s listing without following the CDS/IDX rules.