Thereโ€™s always something to howl about.

NAR, IDX, Franchisors.. It’s complicated.

“It’s complicated” is my FAVORITE relationship status on Facebook.

It describes perfectly the indescribable complexities that arise in life. And on this newfangled thing we call the internet that NAR seems to be trying to lasso. Such is the relationship with NAR, franchisors, and IDX . In Anaheim, the real fun will be had at BHB Unchained (goes without saying)…but the interesting side show may be best described in Rob Hahn’s latest post. (Well worth reading BTW) R.O.B. is on my short list of people that when he writes, I read for a reason.

I will probably tick off both sides of this argument in the next couple of posts I write on EricOnRealEstate.com.. I am going to attempt to articulate both sides’ positions better than they have…truth is I think I have a better solution, but one that would never be agreed to. (see below)

One of the solid points that ROB makes at the end of his analysis is this:

Consider that the franchisor is not a member of NAR. Nor is it a participant in the MLS. NAR has no jurisdiction whatsoever over the franchisor.

And yet, the way that the original, now-repealed language of the IDX policy read, it purported to bind the franchisor to a variety of MLS rules. Look at the conditions numbered 3, 4, 5, and 6 above. Those rules bound the franchisor, by threatening sanction against the participant franchisee.

Now that the whole thing has been struck down, what binds the franchisor to any limitation?

Why couldnโ€™t a franchisor now modify or manipulate the IDX information, or retain it permanently? Sure, a MLS could bring a lawsuit under some copyright infringement theory, but the Kelly v. Arriba case seems to lean heavily towards the franchisors. If anything, manipulating and modifying the IDX information would likely be seen as being even more transformative.

As long as there was some sort of a Franchise IDX policy, the franchisors voluntarily submitted to the authority of NAR and of the MLS to dictate what they could and could not do on their websites. Now that the whole thing has gone poof, I wonder what now makes the franchisors submit to anything at all.

There are literally dozens of ways that I can see a franchisor attempting to get around this… up to an including becoming a syndicator. If syndicators can become brokers (and I think that may be more and more likely as they have to generate return for overvalued shares **cough**Zillow**cough**. Then why can’t it work the other way around.

Why couldn’t Dave or Gary (for example) buy a small national syndicator site that is getting feeds and just push it to their domains? Again, I am not taking sides, I am just asking… is this not possible?

Oh…my solution? ๐Ÿ˜‰ Glad you asked. I think that NAR trying to control who gets their data now that almost any website that wants it CAN get it via syndication if they are willing to pay a bit…is pretty ridiculous. I think that it is not unlike Congress trying to legislate control over the internet. They are trying to control where they have no jurisdiction.

I am more of a fix it from within kind of guy (I KNOW there will be others who will comment with other opinions on this and that is totally fine.) And the fix from within is to say Opt In – and your listings go EVERYWHERE online. Opt Out – They Go NOWHERE online. Don’t like it? Tough noogies.

Seriously. Tough noogies. Have your high priced lawyers write THAT in, NAR. T-O-U-G-H (space) N-O-O-G-I-E-S…And then fire them and pass the savings on to the REALTORS.

BTW- In all of this, I am neither for nor against. I simply am watching the futility of an “it’s complicated” relationship. Like most of those relationships, it does not have to be.

It is MUCH easier to explain to the consumer “We put your listing EVERYWHERE”, than it is to say..”It’s complicated”. I think that consumers deserve some simplicity there…

I am willing to change my mind on this. Someone convince me to…please?