The policies below are taken from Section 23 of the Big Sky Country MLS Rules & Regulations Handbook. Everything marked with a M identifies a mandatory NAR IDX policy adopted by the BSCMLS.

The BSCMLS does not charge its members for IDX. Participants seeking IDX must sign up as a customer with the IDX vendor of their choice. The IDX vendor must register for an account through CoreLogic’s Trestle® platform as a Technology Provider (TP) to establish a connection with the BSCMLS listing database. Trestle recommends using Postman or RETS Connector from CoreLogic to establish this connection. While both RETS and Web API methods are supported, RESO RETS has reached the end of its life cycle and users are strongly encouraged to connect via Web API. Trestle Documentation is available for TPs through Trestle’s API Library.

All TPs are required to submit a data license agreement through Trestle®, for all new customers (exclusively BSCMLS Participants/Subscribers), signed by a representative with the vendors organization, the agent/broker requesting the data connection, and the Broker in Charge for the agent/brokers firm. All signatures are obtained through Authentisign, a third-party service used by Trestle® to facilitate the IDX connection process. Once all signatures are obtained, the data license agreement is then sent via Authentisign to the BCSMLS for final approval. BSCMLS staff reviews the license agreement to verify the agent/broker requesting the data is an active member of the BSCMLS and in good standing with the BSCMLS, their local association (which may or may not be the Gallatin Association of REALTORS®), their state association (which may or may not be the Montana Association of REALTORS®), and the National Association of REALTORS®. Once the members’ status has been verified, the BSCMLS must approve the data license agreement through Trestle® within seventy-two (72) hours of first receiving the agreement. After the data license agreement has been approved, the TP is notified that they can proceed to their Trestle® account to “pull” the data from the BSCMLS and “push” it to the agent/brokers website.

The data available through the Trestle service adheres to the Real Estate Standards Organization (RESO) Data Dictionary. By using this design, the data is structured to handle Properties of all types and catalog the details of each property.

Queries of the data can be tailored to return very specific attributes of a single Property or large collections of data for many Properties.

IDX Defined

IDX affords MLS participants the ability to authorize limited electronic display and delivery of their listings by other participants via the following authorized mediums under the participant’s control: websites, mobile apps, and audio devices. As used throughout these rules, “display” includes “delivery” of such listing. (Amended 5/17) M

23.1 – Authorization

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 through IDX, such consent may be withdrawn on a listing-by-listing basis where the seller has prohibited all Internet display or other electronic forms of display or distribution. (Amended 05/17)

23.2 – Participation

Participation in IDX 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. (NAR IDX Policy option  4 - Amended 11/09)

23.2.1

Participants must notify the MLS of their intention to display IDX information and must give the MLS direct access for purposes of monitoring/ensuring compliance with applicable rules and policies. (Amended 5/12) M

23.2.2

MLS Participants may not use IDX-provided listings for any purpose other than display as provided for in these rules. This does not require Participants to prevent indexing of IDX listings by recognized search engines. (Amended 5/12) M

23.2.3

Listings, including property addresses, can be included in IDX displays except where a seller has directed their listing Broker 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) or other electronic forms of display or distribution. (Amended 5/17) M

23.2.4

Participants may select the listings they choose to display through IDX 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), or type of listing (e.g., exclusive right-to-sell or exclusive agency). Selection of listings displayed through IDX must be independently made by each Participant. (Amended 11/21) M

23.2.5

Participants must refresh all MLS downloads and IDX displays automatically fed by those downloads at least once every twelve (12) hours. (Amended 11/14) M

23.2.6

Except as provided in the IDX policy and these rules, an IDX site or a Participant or user operating an IDX site or displaying IDX information as otherwise permitted may not distribute, provide, or make any portion of the MLS database available to any person or entity. (Amended 5/12) M

23.2.7

Any IDX 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 IDX policy and these rules, “control” means the ability to add, delete, modify and update information as required by the IDX policy and MLS rules. (Amended 5/12) M

23.2.8

Any IDX display controlled by a Participant or subscriber that:

a)      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

b)      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 features disabled or discontinued on all displays controlled by Participants. Except for the foregoing, a Participant’s IDX display may communicate the Participant’s professional judgment concerning any listing. Nothing shall prevent an IDX display from notifying its customers that a particular feature has been disabled at the request of the seller. (Adopted 05/12) M

23.2.9

Participants 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. Participants 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, Participants shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment. (Amended 5/12) M

23.2.10

An MLS Participant may co-mingle the listings of other Brokers received in an IDX feed with listings available from other MLS IDX feeds, provided all such displays are consistent with the IDX rules, and the MLS Participant (or MLS subscriber) 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 IDX data feeds resulting in the display of IDX information from each of the MLSs on a single search results page; and that Participants may display listings from each IDX feed on a single webpage or display. (Adopted 11/14) M

23.2.11

Participants shall not modify or manipulate information relating to other Participants listings. MLS Participants may augment their IDX display of MLS data with applicable property information from other sources to appear on the same webpage or display, clearly separated by the data supplied by the MLS. The source(s) of the information must be clearly identified in the immediate proximity to such data. This requirement does not restrict the format of MLS data display or display of fewer than all the available listings or fewer authorized fields. (Adopted 05/15) M

23.2.12

All listings displayed pursuant to IDX shall identify the listing firm, and the email or phone number provided by the listing Participant 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. ** (Amended 11/21) M



23.3 – Display

Display of listing information pursuant to IDX is subject to the following rules:

23.3.1

Listings displayed pursuant to IDX shall contain only those fields of data designated by the MLS. Display of all other fields (as determined by the MLS) is prohibited. Confidential fields intended only for other MLS Participants and users (e.g., showing instructions, and property security information) may not be displayed. (Amended 11/21) O

23.3.1.1

The type of listing agreement (e.g., exclusive right to sell, exclusive agency, etc.) may not be displayed. (Amended 5/12) O

23.3.2

All listings displayed pursuant to IDX shall identify the listing agent. O

23.3.3

Non-principal Brokers and sales licensees affiliated with IDX Participants may display information available through IDX on their own websites subject to their Participant’s consent and control and the requirements of state law and/or regulation. O

23.3.4

All listings displayed pursuant to IDX shall show the MLS as the source of the information. ** (Amended 5/17) O

**Displays 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. For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the device’s application. (Amended 5/17)

23.3.5

Participants (and their affiliated licensees, if applicable) shall indicate on their websites that IDX information is provided exclusively for consumers’ personal, non-commercial use, that it may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing, and that the data is deemed reliable but is not guaranteed accurate by the MLS. The MLS may, at its discretion, require use of other disclaimers as necessary to protect Participants and/or the MLS from liability. * (Amended 5/17) O

23.3.6

The data consumers can retrieve or download in response to an inquiry shall be determined by the MLS but in no instance shall be limited to fewer than 500 listings or 50% of the listings available for IDX display, whichever is fewer. (Amended 11/17) O

23.3.7

The right to display other Participants’ listings pursuant to IDX shall be limited to a Participant’s office(s) holding participatory rights in this MLS. O

23.3.8

Display of expired, canceled, or terminated listings is prohibited. (Amended 5/21) O

*The MLS may, at its discretion, require use of other disclaimers as necessary to protect participants and/or the MLS from liability. Displays 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. For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the device’s application. (Amended 05/17)

23.3.10

Display of seller’s(s’) and/or occupant’s(s’) name(s), phone number(s), and e-mail address(es) is prohibited. O

23.4 – Service Fees and Charges

Service fees and charges for participation in IDX shall be as established annually by the Board of Directors. (Adopted 11/01, Amended 5/05) O

23.5 – Sold information (Non-Disclosure laws)

Display of sold listings is permitted by labeling the listing as “Sold”. However, additional sold details beyond the status, such as sales price, or closing date, may only be displayed if (A) the MLS Participant operating the IDX website represented one of the parties in a transaction, AND (B) they have written authorization from the party they represented in the transaction. If the agent was not involved in the transaction as a listing agent or a buyer agent, they have no authority to disclose the sold details.

It is not necessary that the listing agent have the consent of both the buyer and seller to disclose the sales price (unless the agent is representing both parties as a dual agent). In instances where there is a listing agent and a buyer agent, the buyer agent could disclose the purchase price with the consent of, or at the direction of, the buyer without the seller’s consent. Likewise, the listing agent (assuming no dual agency) could disclose the sales price with the consent of the seller even though the buyer has not consented.

The standard residential listing form from the Montana Association of Realtors contains a blanket authorization permitting the listing agent to disclose sold data. Note, however, that there is no corresponding authorization language in the buyer broker form.

If an agent discloses the sales price of a property without consent or authorization from the client, they would be liable to the client for any actual damages the client suffers. In addition, the client might elect to file an ethics complaint with GAR and may also file a complaint with the Montana Board of Realty Regulation. If the agent disclosed sold data from the MLS database without authorization, they would be subject to a fine or other sanctions from the MLS Board of Directors. The sanctions may include, in addition to monetary penalties, suspension or termination of membership in the MLS.