This communication will serve as official notice to comply with the 30-day notification requirement to Participants of the Southwest Multiple Listing Service regarding changes to the SWMLS Rules & Regulations.
Effective December 27, 2024, the following subsection 18.3.11 will be deleted:
Under 18: Internet Data Exchange (IDX)
Section 18.3.11
Listings obtained through IDX feeds from REALTOR® Association MLSs where the MLS Participant holds participatory rights must be displayed separately from listings obtained from other sources. Listings obtained from other sources (e.g., from other MLSs, from non-participating brokers, etc.) must display the source from which each such listing was obtained. 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 to a display that includes all required disclosures. (Amended 11/14)
Note: An MLS Participant (or where permitted locally, an MLS Subscriber) 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) (Section 18.3.11 Deleted November 2024)
Summary of Changes
Southwest MLS will no longer require IDX listings to be displayed separately from other sources or require disclosure of listing sources. Co-mingling of listings from multiple IDX feeds is no longer prohibited.
Justification
The SWMLS Board of Directors approved these changes to protect GAAR, SWMLS, and its Members from liability. These measures are necessary in light of potential legal risks stemming from the recent NAR Settlement, which could expose our organization and members to increased vulnerability in future lawsuits.
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