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Your Facebook Post Violated Illinois License Law

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IDX

Definition, Internet Data Exchange: “Internet Data Exchange” or “IDX” is a means by which each MLS

Participant subscribing to the program (the “Internet Data Exchange Subscriber” or “IDXS”)

permits the display of its active listings appearing in the MLS on each other’s Internet web site.

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Question

We are having a discussion about sharing listings on Facebook. I have an IDX on my site and posted a link from my IDX site about a property I was showing that day. ( all positive by the way ) The listing was not my Brokerages listing but that of another area Brokerage.

I was informed that by sharing other Brokerages listings I was in violation because I did not obtain written permission from the listing brokerage. From everything I have read there are exceptions to that rule. Like, as long as the link is from an IDX or VOW and contains the listing Brokerage prominently I was not in violation. Just wanted clarification to this……….

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My Response

32.2 Participants may not use IDX-provided listings for any purpose other than display on their websites. This does not require participants to prevent indexing of IDX listings by recognized search engines.

The problem is that most of the sites come with Facebook, Twitter, Pinterest and Google+ buttons to share the information from your site with no written instructions on what can be shared. I will find out tomorrow how this should be handled.

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Response from local MLS

Hi, Marki – this is a deeper issue than our rules. As you know, it’s Illinois License Law that doesn’t allow brokers to advertise other brokers’ listings without their permission. IDX is merely a big group advertising channel where everyone has given everyone else permission to advertise each other’s listings, pursuant to the guidelines of IDX (i.e. the fields in IDX, crediting the listing brokerage, etc.). IDX sites come with share buttons not so the broker whose site it is (or other brokers for that matter) can share listings on SN pages. It’s for customers who like something to show their friends, circle, etc. Share buttons do not exempt anybody from license law.

"While the Code of Ethics establishes obligations that may be higher than those mandated by law, in any instance where the Code of Ethics and the law conflict, the obligations of the law must take

precedence".

The Correct WayGet Permission

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