Rhymes with 'Gem-Bell-Less': UPDATE

An MLS policy in Wisconsin that restricts participants' use of the terms "MLS," "search the MLS," and "multiple listing service," among other terms, is among several other policies passed by local MLSs.

The Northwestern Wisconsin MLS's policy provides that "Participant shall not use the term 'multiple listing service,' the acronym 'MLS' or derivatives ... in participant's firm name" or in domain names, Web addresses or URLs, and "No participant or user shall indicate or imply in any manner that (they are) a multiple listing service or that they public has access to or may search the (MLS) on the participant's or user's Web site." (See Inman News.)

Meanwhile, a Realtor in Georgia has started up a petition at FreeTheMLS.com over language in the National Association of Realtors Code of Ethics and Standards of Practice -- he questions whether the language could apply to members' use of MLS-related terms.

The National Association of Realtors board of directors in November approved language for an optional policy that local MLSs can choose to adopt to set restrictions on use of 'MLS' and related terms in Web site addresses, company names and marketing among MLS participants.

UPDATE: Lucien Salvant, a spokesman for the National Association of Realtors, said that Article 12 in the NAR Code of Ethics and Standards of Practice requires Realtors to "present a true picture in their advertising, marketing, and other representations," and Standard of Practice 12-10 "discusses 'true picture' in the context of URLs, domain names, manipulation of data, deceptive keywords and metatags, etc." NAR also has Standards of Conduct that can be adopted at the discretion of an MLS that allow MLSs with non-Realtor participants to extend some (but not all) of the duties the Code of Ethics imposes on Realtors to all MLS participants.

Salvant said if an MLS adopts a standard of conduct based on the "true picture" requirements for Realtors in the Code of Ethics and Standards of Practice, complaints could be considered by a hearing panel.

The standard, he said, "does not delineate specific phrases or uses that are -- or are not -- acceptable. The ultimate test is how the message would be received by a reasonable consumer."

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