Volume 2 • Issue 15 - December 2013

F C B O R M o n t h l y N e w s l e t t e r

Gerry is the President ofThe Four Corners Board of REALTORS® You can contact her at 970-565-8408

From the President - MEMBER UPDATE

Board of Directors Meeting – December 19, 2013

As you all know, we will have a new office location beginning January 1, 2014. It will be located on the east entry side of Vectra Bank with our own entrance. Moving day will be December 27, 2013 at 8:00 a.m. meeting at the Johnson Building office. We need all the help we can get, so anyone that can help it would be much appreciated. Thanks.

There will not be another MLS tour until January 22, 2014. It will be in town only, all of Cortez. The turnout for tour this week was so poor that you may put your houses on tour again for that date. The MLS rules state 6 months, but in this case we are making an exception. The MLS Committee would like to have some suggestions from membership on scheduling winter tours. Please contact Co-chairs Carol Click or Bonnie Leighton with your ideas.

We will begin having quarterly Broker Forums in 2014. The first meeting will include the topic of “Area Changes”. If you have any membership issues, please let your Broker know. Bob Toles will be scheduling the first meeting and will let you know when that will take place.Merry Christmas to you and your families. Have a happy and safe New Year.

Gerry Parker - President of Four Corners Board of Realtors®

The 2013-2014 Four Corners Board of REALTORS Board of Directors:

President/ Gerry Parker / 565-8408 / gparker@fone.net President-Elect/ Carol Click / 565-2000 / carolclick@remax.net

Secretary/Treasurer / Bob Toles / 946-1194 / BobToles@yahoo.comDirector/ Brenda K. Bates / 565-2000 / beebates@live.com

Director/ Cheryl Lindquist / 565-2000 / cheryllindquist@remax.netDirector/ Preston Dillon / 560-9144 / psdillon@rmi.net

Director/ Dawn Utrup / 570-3110 / dawn.utrup@gmail.comCAR Director / Lila Hanson / 565-8408 / lila@fone.net

Association Office StaffAssociation Executive / Denise Unrein / 565-0112/ fourcornersboard@gmail.com

FCBOR CALENDAR OF EVENTS

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Business after Hours

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Cortez Chamber Luncheon (Shilohs)

9:00am 11:00am BOD Meeting - Chamber (Chamber of Commerce)

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19 20 21 22 23 24 25 Martin Luther King Day 12:00pm 1:00pm

Dolores Chamber Luncheon

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Sunday Monday Tuesday Wednesday Thursday Friday Saturday

FACT SHEET Health Insurance and the Affordable Care Act: What REALTORS® Can Do Today

In the uncertain landscape in the world of health insurance reform, REALTORS® have turned to their national association asking where to begin and how to search for what meets their individual or small business insurance needs. And, member confusion grows, especially since the Affordable Care Act (ACA) makes insurance purchases mandatory in 2014. To answer these calls, NAR has developed a plan to help and guide members.

1. Topic Page on REALTOR.org a. A new Topic Page for everything health insurance related has been created on REALTOR.org. b. The page contains helpful articles, infographics, and news related to the ever-changing insurance

situation. c. Members can also find links to the ACA webpage, and to REALTORS® Insurance Marketplace, a new

offering from the REALTOR Benefits® Program. The Marketplace offers NAR members health insurance solutions, including options that meet the mandates of the Affordable Care Act. It is powered by NAR’s long-term and trusted partner, SASid, Inc. (Smart and Simple insurance development). There is also a link to register for the webinar.

d. To see the Topic Page visit, http://www.realtor.org/topics/health-insurance

2. Health Insurance Webinar a. A live webinar entitled “Health Insurance and the Affordable Care Act: What REALTORS® Can Do

Today” will be held on December 12, 2013 at 11:00am CST. This webinar is open to all NAR members. b. The registration link can be found on the health insurance topic page (URL above) or visit

https://realtors.webex.com/realtors/onstage/g.php?d=921130646&t=a.c. NAR’s REALTOR® Magazine, Stacey Moncrieff, will be hosting the webinar, and moderators will include:

i. Marcia Salkin, NAR Managing Director of Public Policy ii. Kristin Maurelia, NAR Managing Director of Strategic Alliances and NAR’s REALTOR Benefits®

Program iii. Shannon Kennedy, President of SASid, NAR’s REALTOR Benefits® Program Partner and

Administrator for NAR’s REALTORS® Insurance Marketplace d. Among the questions that will be answered:

i. Must everyone have insurance? Who is eligible for one of the law’s exceptions? ii. What's the open-enrollment deadline, and what happens if you miss it? iii. What levels of coverage meet the law? iv. What’s the latest on efforts by the federal government to address its widely reported problems

with its exchange? v. With efforts to delay cancellations, what should you do if you've received a cancellation notice on

your current policy? vi. Who qualifies for a federal tax credit, and do you have to buy on the state exchange to qualify? vii. How does the private exchange for REALTORS® work and what benefits does it offer? How does

it work in relation to the public/government exchange? e. After the live webcast an archived version will be linked to on the health insurance topic page.

3. Additional information will be added to the health insurance topic page as it becomes available.

Marketing Channels An association-wide, integrated plan to reach all members via free channels (including Weekly Report, Social Media, REALTOR.org, INS, newsletters, etc.) has been developed.

Program Timeline The health insurance topic page went live on November 19, 2013. First point of contact was in the INS newsletter on November 20, 2013. Efforts to reach members for the webinar will continue through December 11, 2013. Efforts to update the health insurance topic page will be ongoing as content is developed and made available.

Contact Information:Jackie D. Palmer Anne Cadigan Marketing Manager, M&BD Account Manager, Strategic Alliances Marketing & Communications REALTOR Benefits® Program 312.329.8313 312.329.8543 jpalmer@realtors.org acadigan@realtors.org

1 12/20/2013 12:19 PMstaff

Su Mo Tu We Th Fr Sa1 2 3 4

5 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31

January 2014Su Mo Tu We Th Fr Sa

12 3 4 5 6 7 89 10 11 12 13 14 15

16 17 18 19 20 21 2223 24 25 26 27 28

February 2014

January 2014

Dec

29

- Ja

n 4

Dec 29 30 31 Jan 1, 14 2 3 4 New Year's Day

Jan

5 -

11

5 6 7 8 9 10 115:00pm 7:00pm

Business after Hours

Jan

12 -

18

12 13 14 15 16 17 1812:00pm 1:00pm

Cortez Chamber Luncheon (Shilohs)

9:00am 11:00am BOD Meeting - Chamber (Chamber of Commerce)

Jan

19 -

25

19 20 21 22 23 24 25 Martin Luther King Day 12:00pm 1:00pm

Dolores Chamber Luncheon

Jan

26 -

Feb

1

26 27 28 29 30 31 Feb 1

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

FACT SHEET Health Insurance and the Affordable Care Act: What REALTORS® Can Do Today

In the uncertain landscape in the world of health insurance reform, REALTORS® have turned to their national association asking where to begin and how to search for what meets their individual or small business insurance needs. And, member confusion grows, especially since the Affordable Care Act (ACA) makes insurance purchases mandatory in 2014. To answer these calls, NAR has developed a plan to help and guide members.

1. Topic Page on REALTOR.org a. A new Topic Page for everything health insurance related has been created on REALTOR.org. b. The page contains helpful articles, infographics, and news related to the ever-changing insurance

situation. c. Members can also find links to the ACA webpage, and to REALTORS® Insurance Marketplace, a new

offering from the REALTOR Benefits® Program. The Marketplace offers NAR members health insurance solutions, including options that meet the mandates of the Affordable Care Act. It is powered by NAR’s long-term and trusted partner, SASid, Inc. (Smart and Simple insurance development). There is also a link to register for the webinar.

d. To see the Topic Page visit, http://www.realtor.org/topics/health-insurance

2. Health Insurance Webinar a. A live webinar entitled “Health Insurance and the Affordable Care Act: What REALTORS® Can Do

Today” will be held on December 12, 2013 at 11:00am CST. This webinar is open to all NAR members. b. The registration link can be found on the health insurance topic page (URL above) or visit

https://realtors.webex.com/realtors/onstage/g.php?d=921130646&t=a.c. NAR’s REALTOR® Magazine, Stacey Moncrieff, will be hosting the webinar, and moderators will include:

i. Marcia Salkin, NAR Managing Director of Public Policy ii. Kristin Maurelia, NAR Managing Director of Strategic Alliances and NAR’s REALTOR Benefits®

Program iii. Shannon Kennedy, President of SASid, NAR’s REALTOR Benefits® Program Partner and

Administrator for NAR’s REALTORS® Insurance Marketplace d. Among the questions that will be answered:

i. Must everyone have insurance? Who is eligible for one of the law’s exceptions? ii. What's the open-enrollment deadline, and what happens if you miss it? iii. What levels of coverage meet the law? iv. What’s the latest on efforts by the federal government to address its widely reported problems

with its exchange? v. With efforts to delay cancellations, what should you do if you've received a cancellation notice on

your current policy? vi. Who qualifies for a federal tax credit, and do you have to buy on the state exchange to qualify? vii. How does the private exchange for REALTORS® work and what benefits does it offer? How does

it work in relation to the public/government exchange? e. After the live webcast an archived version will be linked to on the health insurance topic page.

3. Additional information will be added to the health insurance topic page as it becomes available.

Marketing Channels An association-wide, integrated plan to reach all members via free channels (including Weekly Report, Social Media, REALTOR.org, INS, newsletters, etc.) has been developed.

Program Timeline The health insurance topic page went live on November 19, 2013. First point of contact was in the INS newsletter on November 20, 2013. Efforts to reach members for the webinar will continue through December 11, 2013. Efforts to update the health insurance topic page will be ongoing as content is developed and made available.

Contact Information:Jackie D. Palmer Anne Cadigan Marketing Manager, M&BD Account Manager, Strategic Alliances Marketing & Communications REALTOR Benefits® Program 312.329.8313 312.329.8543 jpalmer@realtors.org acadigan@realtors.org

A Huge Thumbs Up to Our Affiliates

American AgCredit 259-1540CARE 564-0800Citizens State Bank 565-8421Cobalt Mortgage 565-8407Colorado Land Title 564-9770Community Bank of CO 565-8589Cortez Journal 565-8527Dolores State Bank 882-7600First National Bank 565-8132Four Corners Builders Assn. 565-1771Guardian Home Insp. 759-9500

House of Carpets 565-9192Keesee Motors 565-8431Kelly McCabe PC 799-0258Mancos Valley Bank 565-5432MD Title 565-8491Shiloah’s Steak House 565-6560Southwest Health Systems 565-6666Top Line Floors 565-4877Vectra Bank 565-4411Wells Fargo Home Mort. 564-9929

Would you like to become and affiliate? Need some info? Call our board office at

(970) 565-0112.

NAR throws cold water on ‘Powered by Zip’ and RealEstate.com

'Paper brokerages' flying under the radar

Andrea V. Brambila Associate EditorSep 18, 2013

Editor’s note: This is the third in a four-part series examining website operators who use brokerage licensesto obtain shared listing feeds from multiple listing services to generate leads for other brokerages. Thisarticle looks at whether website operators who obtain Internet Data Exchange (IDX) listings are complyingwith MLS rules governing their display. See Part 1, an overview of Inman News’ findings, and Part 2,which looked at how MLSs are struggling to interpret whether their rules allow “paper brokerages” andfears that denying them listings could violate antitrust law. Part 4 will look at whether widespread adoptionof the paper brokerage business model could undermine participation in IDX, and the MLS system itself.

Companies publishing Internet Data Exchange (IDX) listings from multiple listing services withoutproviding brokerage services have more than the MLS participant rule to worry about. In response toinquiries from Inman News, Laurie Janik, the National Association of Realtors’ general counsel, recentlyreviewed RealEstate.com and ZipRealty.com and declared portions of the websites noncompliant with IDXdisplay rules. Janik said both sites failed the “apparent control” section of IDX rules, which requires that a“reasonable consumer” viewing the broker participant’s display of IDX listings will understand the displayto be the participant’s and under the participant’s control.

Market Leader subsidiary FastStart Real Estate Services, which does business as RealEstate.com, hasbrokerage licenses in at least 38 states, Inman News has found, and has joined many MLSs as a brokermember. Nonetheless, Janik noted that the RealEstate.com site appears to be that of a third-party aggregator.“There is no indication the display is that of a specific participant in the MLS where the displayed propertiesare located, or even that the display is that of a real estate broker,” she said.

“The description on the home page gives no indication whatsoever that this is a real estate broker’s website.Even the explanation under the heading ‘About RealEstate.com’ fails to mention that it is a real estatebrokerage,” she added.

Janik noted that listing pages from market to market do not change to identify the individual broker memberof the MLS in each market.

In May, when searching for listings in San Francisco, for instance, she noted that a picture of Lynnette Fox-Rindner, an agent with BMC Real Estate at the time, appeared in the upper right-hand corner under theheading “Get expert Advice Today.”

“Her identity was prominently displayed at the same time San Francisco listings appeared,” Janik said. “Ithink a reasonable consumer would think that they were at her website or at a website of a third-partyaggregator,” she said, “but certainly not at the website of another broker.”

Market Leader did not respond to repeated requests to comment for this series.

In assessing the Jacksonville, Fla., portion of ZipRealty’s website, Janik came to a similar conclusion. Shesaid the site appeared to be ZipRealty’s and not that of Coldwell Banker Vanguard Realty, ZipRealty’sPowered by Zip partner in that market and through whom ZipRealty is obtaining IDX listings from the localMLS, Northeast Florida MLS, as a vendor.

On ZipRealty.com, Janik searched for listings in Amelia Island Plantation, Fla., in the Jacksonville area.

“When the listings appeared, there was a bright orange banner over the first listing. It said, ‘We show youup to 30 percent more.’ I clicked on the banner to determine who ‘We’ is,” she said. “If this were ColdwellBanker Vanguard Realty’s website, you would expect ‘We’ to be they. But, the banner took me to apromotion for ZipRealty, including Zip’s phone number,” she said.

Janik also noted that each property listing had a field for days “On ZipRealty,” not on Coldwell BankerVanguard, and the tabs across the top of the page — “My ZipRealty,” “Find an Agent,” “Buy a Home,”“Sell a Home” and “Go Mobile” — were all about ZipRealty and did not mention Coldwell BankerVanguard.

Janik also called the phone number in the Coldwell Banker Vanguard banner at the top of the page tellingusers to “Call your local brokerage.”

“I called that number, at least half-way expecting to be connected (finally) with someone at ColdwellBanker Vanguard. The taped voice that answered the phone greeted me with ‘Welcome to ZipRealty,’”Janik said.

“So, in sum, nothing, absolutely nothing, on the site was about Coldwell Banker Vanguard. All links tookme to ZipRealty. All promotion on the site was Zip’s. Same with the phone number. The branding on thesite was predominantly ZipRealty,” she said. “No reasonable consumer who explored the content on thatsite could conclude that it was anything other than ZipRealty’s site.”

Samantha Harnett, ZipRealty’s general counsel and senior vice president of business development, toldInman News that Powered by Zip partner brokerage pages are designed to comply fully with IDX displayrules and customized for each partner.

“Each partner page is created pursuant to an agreement with that partner, which provides the partner theability to control and modify content on the partner page, including IDX listings display,” Harnett said.

“The Powered by Zip pages not only display but prominently market each partner’s brand and agents. Eachpartner’s brand and logo is displayed at the top of that partner’s page more prominently than any other logoon the page, and again at the bottom of each page accompanied by the statement ‘Local real estate servicesprovided by,’ with the partner’s contact information.

“Further, each partner’s agents are marketed exclusively on its page and in the geographic area served bythat partner. When a customer clicks the ‘Find an Agent’ tab at the top of the Web page to search in aPowered by Zip market, a list of partner agents is displayed and each agent profile contains the partner’sbranding and logo, as well as the agent’s contact information through the partner brokerage.”

In response to ZipRealty’s statement, Janik said she did not question the company’s intent to comply withIDX rules, but her opinion differs on whether the partner pages in fact comply with the requirement that theIDX site be under the “apparent” control of the MLS participant.

“That determination will be up to each local MLS,” Janik said. “However, in my view, based on my limitedsampling, the website for Jacksonville carries more prominent branding for ZipRealty (including the phonenumber and the orange color) than for the ‘partner’ Coldwell Banker broker (whose corporate color isblue),” she said.

“Reality does not match” Harnett’s description of what happens when a user clicks on the “Find an Agent”tab, Janik said. Users are asked to enter a city, ZIP code or agent name into a search box to “find the local

expert who is right for you” and below the box, the page says, “Real estate agents on ZipRealty.com arecompletely in sync with your needs,” Janik said.

“Not a single Coldwell Banker Vanguard agent mentioned. No agent profile, no branding, no logo, nocontact information,” Janik said.

Inman News confirmed this. However, partner agents from the Powered by Zip brokerage in that market doappear after a user enters a geographic area in the search box.

NAR does not plan to take any action against either ZipRealty or RealEstate.com, or issue guidance toMLSs, Janik said.

“NAR has no authority to enforce the rules of a local MLS. All enforcement of the rules is done by theMLS,” she said.

MLSs respond

Responses from MLSs to Janik’s assessment of the sites demonstrate the variability and subjectivityinvolved in interpretations of MLS rules.

Ron Stephan, CEO of NEFMLS in the Jacksonville market, told Inman News about four months ago thatthe MLS considered ZipRealty’s and RealEstate.com’s display of its listings compliant with IDX rules.

Upon learning of Janik’s assessment of the sites a few days later, Stephan said, “No argument from me! IfLaurie says the sites are not compliant we will go with that decision.”

Coldwell Banker Vanguard did not respond to a request for comment.

At the time, Stephan said he would notify all parties in writing as appropriate. Since then, RealEstate.comhas pulled down NEFMLS’s IDX listings and ZipRealty has joined NEFMLS as a broker member anddisplays its IDX listings in that capacity. The site continues to display co-branding from Coldwell BankerVanguard. Stephan said ZipRealty’s display now appears to be IDX-compliant.

The ZipRealty broker who joined NEFMLS is based in Maitland, Fla., near Orlando — one of the 19markets where ZipRealty continues to maintain brokerage operations. Stephan said NEFMLS accepts anybroker in the state of Florida and, per Florida law, has no requirement that brokers do business or reside inthe MLS’s coverage area.

Merri Jo Cowen, CEO of My Florida Regional MLS, said the MLS agreed completely with Janik’scomments regarding RealEstate.com and ZipRealty’s noncompliance with IDX rules.

“The IDX program is one that is intended for MLS participants of individual MLSs — and does not extendto franchisor or national portals,” she said.

“MFR is reviewing the agreements on file that relate to not only RealEstate.com and ZipRealty, but to anyothers who may be using IDX data in a similar manner, and will take appropriate steps to clarify the termsof our agreements and the use of IDX data with our brokers who have requested an IDX feed as well as withthose corporate entities that may not be aware that they are not entitled to display IDX data on theircorporate sites.”

MFRMLS listings no longer appear on RealEstate.com. Cowen said they were removed at MFRMLS’request. The MLS’s listings still appear on ZipRealty.com. Cowen said the MLS is “moving forward ongetting that resolved,” saying the MLS had not yet informed ZipRealty that its national site is not IDX-

compliant. “In the next week we will be sending correspondence to them,” she said in mid-June. As oftoday, the MLS has yet to reach out to ZipRealty, according to Cowen.

Tucson Association of Realtors MLS in Arizona has determined that neither RealEstate.com nor the portionof ZipRealty’s site that displays TARMLS’s listings are compliant with its IDX rules. Tucson was one ofthe first markets in which ZipRealty pioneered its Powered by Zip program in 2011.

“When ZipRealty left the Tucson real estate market and became a technology provider, it opened up manychallenges to convert the ZipRealty presence and branding to Long Realty without inconveniencing theconsumer,” said Sean D. Murphy, vice president of MLS at the Tucson Association of Realtors and MLS.

“We are working with Long Realty currently and are committed to bring all aspects of the site intocompliance with our rules with minimal disruption to Long Realty or their clients.”

In order to ensure IDX compliance, TARMLS IDX listings on ZipRealty.com will be moved to a LongRealty website, Murphy said.

“We need to be sure that the consumer is fully aware that they are working with Long Realty and notZipRealty. We are working with Long Realty to have their own site using Zip’s technology platform,” hesaid.

After being notified that RealEstate.com was noncompliant, the site voluntarily took down TARMLS’slistings, Murphy said.

Janik’s assessment prompted further reviews of the sites from other MLSs. Two MLSs in Powered by Zipmarkets, Virginia Beach, Va.-based Real Estate Information Network Inc. and Sandy, Utah-based WasatchFront Regional MLS, determined that ZipRealty’s display of their MLS listings was compliant with IDXrules because the site did not operate the same way in their market as in other markets, they said.

Lydia Kapetanakis, executive vice president of Real Estate Information Network Inc. (REIN), said theZipRealty approval process with the company’s broker partner, William E. Wood & Associates Realtors,was “very arduous and drawn out” last year.

“They did make several changes to gain approval at our request,” she said.

“REIN staff has reviewed other ZipRealty-powered broker sites outside of our market and determined that itIS NOT implemented the same in other markets as it is here,” she added.

“For instance, MLS disclosures may be missing in other markets, but it is present in ours. A consumer isclearly led to believe they are dealing with ZipRealty in other markets, but here they are directed to WilliamE. Wood.”

Rebecca Jensen, CEO of WFRMLS, made a similar observation about both RealEstate.com andZipRealty.com in her market.

“The websites in question appear to behave differently in each market. I cannot comment on the status oftheir compliance in markets outside of Utah. On the pages that display our content, the contact information,branding requirements, and other details appear to be in compliance with our policies and Utah law,” shesaid.

“However, if there is a difference of opinion from NAR in the interpretation of their policy in our market,we will work with all parties involved to bring sites into compliance.”

Stuart White, CEO of Mid-South MLS RealTracs, said ZipRealty’s local broker partner in the Nashvillearea, Bob Parks Realty, appeared to be in control of the portion of the ZipRealty site showing RealTracslistings. He said Bob Park Realty’s logo was bigger than the one that says “Powered by ZipRealty.comtechnology,” and the site contains a disclaimer at the bottom saying local real estate services are provided byBob Parks Realty.

“The ZipRealty ad mentioning 30 percent more listings is not a big deal. If Bob Parks can move that stuff,he’s in control of that site,” White said.

On the other hand, White said RealEstate.com was displaying RealTracs’ listings not as a broker member ofRealTracs, but without permission through Market Leader’s status as a vendor powering 437 IDX websitesfor RealTracs’ agent members.

The MLS asked the company to pull down their listings from RealEstate.com or risk losing RealTracs’ IDXfeed. Market Leader took down the listings and continues to power members’ IDX sites.

Market Leader’s misappropriation of RealTracs’ IDX listings was not an isolated incident. Glenn Christoph,MLS director for Bay East Association of Realtors and Contra Costa Association of Realtors in the SanFrancisco Bay Area, said he discovered his MLS’s listings on RealEstate.com in early March, despite therebeing no agreement to feed listings to the site.

He contacted Market Leader and the listings were pulled down “within the hour,” Christoph said, but he had“no idea” how long they had been up there in the first place. Immediately thereafter, Market Leadersubmitted an IDX application to the MLS, but it was never approved due to objections similar to Janik’s.

“The site looks like a national syndication site, not a broker or an agent site, which is a whole other look andfeel,” Christoph said.

In Brooklyn, N.Y., ZipRealty’s brokerage partner is Fillmore Real Estate. But Rich Schulhoff, executiveofficer for the Brooklyn Board of Realtors, which operates the Brooklyn New York MLS, said ZipRealty isobtaining the MLS’s IDX feed as a broker member, not as a vendor partnering with a local brokerage.Therefore, ZipRealty’s site is IDX-compliant, he said, because the site looks like that of the MLSparticipant: ZipRealty.

“I don’t think there’s any confusion whatsoever whose website you’re on there,” Schulhoff said.

On the southern end of the East Coast, however, Wes Wiggins, who until August served as general managerof Jupiter, Fla.-based Regional MLS, came to the opposite conclusion. There, in the Palm Beach area,ZipRealty also received an IDX feed from the Regional MLS as a broker member. Its Powered by Zippartner is Illustrated Properties.

Regional MLS is the predecessor of what is now BeachesMLS and South Florida MLS. The two MLSsformed after the dissolution of Regional MLS on July 31. Two of Regional MLS’s three shareholderassociations subsequently merged and formed BeachesMLS with the remaining association launching SouthFlorida MLS. The merger became official on Sept. 1. ZipRealty’s site still cites Regional MLS as the sourceof its Palm Beach listings.

Inman News first contacted RMLS about ZipRealty and RealEstate.com in April. At the time, Wiggins saidboth sites complied with IDX rules. The MLS reassessed the site in light of Janik’s comments in May andfound them both to be noncompliant, though in ZipRealty’s case, the MLS’s judgment of the site differedfrom Janik’s.

“Upon closer look, when searching listings in our market area, ZipRealty is not in compliance because theprominent brokerage name on the site is not ZipRealty. We will be notifying ZipRealty and the brokeragethat is prominently displayed,” Wiggins said.

“In the case of RealEstate.com, we cannot find any link to a broker or agent for RealEstate.com, whichsupports Laurie Janik’s comment that the site functions more like that of a third-party aggregator.”

RMLS notified both sites of the discrepancies and RealEstate.com stopped displaying RMLS listings.ZipRealty agreed to make changes to the site that would address the co-branding issues, Wiggins said.

“We have not performed followup audits on either site due to higher priorities, but will do so in the nearfuture,” he said.

Ziprealty declined to comment on whether it had resolved the issues Wiggins noted. The company alsodeclined to say whether it planned to update the source of its Palm Beach area listings on its website, thougha spokeswoman noted ZipRealty is a broker member of the Realtors Association of the Palm Beaches.

Wiggins said the fact that RMLS found the sites compliant in its initial assessment is indicative of the needto better define “active participant” as well as a further review of IDX rules.

“Right now the active participant definition is fairly clear, but there are portions of the definition that are leftup to the discretion of the service that can be perceived as conflicting,” he said.

“Whether or not we change the way we evaluate websites will depend upon how we address the activeparticipant issue. We have been and will continue to move forward as an MLS, but we welcome directionfrom NAR as well.”

IDX rules provide some guidance regarding how the name of a brokerage firm appears on a website, namelyin a “readily visible color and typeface,” but the requirement that the control of the site be apparent to a“reasonable consumer” makes interpretation of the policy’s implementation inherently subjective.

“I have seen different MLSs come to different conclusions with almost identical website designs,” saidBrian Larson, a former MLS executive who’s now partner at the law firm Larson/Sobotka PLLC.

“I’m afraid that’s the problem with reasonable-person tests, but I can’t envision a better way of codifyingthe requirement.”

Inman News reporter Paul Hagey contributed reporting to this series.

“Upon closer look, when searching listings in our market area, ZipRealty is not in compliance because theprominent brokerage name on the site is not ZipRealty. We will be notifying ZipRealty and the brokeragethat is prominently displayed,” Wiggins said.

“In the case of RealEstate.com, we cannot find any link to a broker or agent for RealEstate.com, whichsupports Laurie Janik’s comment that the site functions more like that of a third-party aggregator.”

RMLS notified both sites of the discrepancies and RealEstate.com stopped displaying RMLS listings.ZipRealty agreed to make changes to the site that would address the co-branding issues, Wiggins said.

“We have not performed followup audits on either site due to higher priorities, but will do so in the nearfuture,” he said.

Ziprealty declined to comment on whether it had resolved the issues Wiggins noted. The company alsodeclined to say whether it planned to update the source of its Palm Beach area listings on its website, thougha spokeswoman noted ZipRealty is a broker member of the Realtors Association of the Palm Beaches.

Wiggins said the fact that RMLS found the sites compliant in its initial assessment is indicative of the needto better define “active participant” as well as a further review of IDX rules.

“Right now the active participant definition is fairly clear, but there are portions of the definition that are leftup to the discretion of the service that can be perceived as conflicting,” he said.

“Whether or not we change the way we evaluate websites will depend upon how we address the activeparticipant issue. We have been and will continue to move forward as an MLS, but we welcome directionfrom NAR as well.”

IDX rules provide some guidance regarding how the name of a brokerage firm appears on a website, namelyin a “readily visible color and typeface,” but the requirement that the control of the site be apparent to a“reasonable consumer” makes interpretation of the policy’s implementation inherently subjective.

“I have seen different MLSs come to different conclusions with almost identical website designs,” saidBrian Larson, a former MLS executive who’s now partner at the law firm Larson/Sobotka PLLC.

“I’m afraid that’s the problem with reasonable-person tests, but I can’t envision a better way of codifyingthe requirement.”

Inman News reporter Paul Hagey contributed reporting to this series.

TO: All FCBOR REALTOR® Members DATE: December 18, 2013 RE: Annual Membership Dues

If you have already paid your annual dues please disregard this message.

It’s annual dues renewal time! We appreciate your continued support of our organization. FCBOR leadership and staff are committed to finding new, useful ways of assisting you in your business, and it allows us to continue providing opportunities that support and benefit your career as a REALTOR®.  

PLEASE REMIT YOUR DUES PAYMENT NO LATERTHAN DECEMBER 31, 2013 IN ORDER TO AVOID LATE FEES

 

INSTRUCTIONS FOR PAYING DUES ON-LINE

Login to the National Association of REALTORS® ecommerce website at:https://secure.realtor.org/ecommenu.nsf/ecommenu?OpenForm&Login

1. Login into the NAR ecommerce website. If you do not know what your username and password is, you will have to contact NAR at 1-800-874-6500 or use the, forget your password, forget your username links under the password field. We do not know what your username or password is to NAR.2. After logging in click My Invoice under the 2230 – FOUR CORNERS BOARD OF REALTORS® logo. 3. Then, click Pay My 2014 Invoice. 4. From there look over your 2014 Invoice, your RPAC contribution is voluntary and can be adjusted or removed. You can adjust the amount by typing in the amount in the current payment field next to the RPAC Voluntary Dues, then click Apply Changes at the bottom of the page. If you wish to remove this from your invoice, click the Pay Later button and then click Apply Changes at the bottom of the page. 5. When the invoice total is correct, click Pay Invoice at the bottom of the page. 6. This will give you the option to pay with a credit card or electronic check. Select which payment method and follow the instructions.

If you need assistance please contact Jasmyn at (970) 247-9604. If you would prefer to mail a check please place your Driver’s license number on the check,

make it out to FCBOR and send it to the Durango Area Association of REALTORS, 125 E. 32nd Street, Durango, CO 81301. You can also call Jasmyn (970) 247-9604 and pay via credit/debit card over the phone. 

 

125 E. 32nd Street Durango, CO 81301 970-247-9604 www.durangorealtor.com

2014 Annual Dues Breakdown:

Fee Description AmountCARHOF - Voluntary Voluntary $ 20.00 FCBOR Dues Local Annual Dues $ 250.00 Colorado State Assoc. Dues State Annual Dues $ 145.00 National Assoc. Dues NAR Annual Fee $ 120.00

NAR Public Awareness Campaign Assessment $ 35.00

RPAC Contribution -Voluntary Voluntary $ 25.00

TOTAL $ 595.00

SECONDARY MEMBERS ONLY Fee Description Amount CARHOF -Voluntary Voluntary $ 20.00 FCBOR Dues Local Annual Dues $ 250.00

TOTAL $ 270.00

DEDUCTIBILITY OF DUES FOR TAX INFORMATION For the 2014 dues billing statements the non-deductible dues breakout is as follows, $25.00 RPAC voluntary dues, $20.40 of CAR dues and $55.00 of NAR dues are non-deductible. Payments to the Four Corners Board of REALTORS are not deductible as charitable contributions; however, such payments may be deductible as ordinary business expenses in accordance with IRS rules and regulations. The $75.40 of your year 2014 dues and $25.00 for RPAC voluntary dues is not deductible as a business expense because this portion is used for lobbying or the support of candidates at the local, state and/or national levels. CAR estimates that $5.00 in CAR dues will be used to reach the RPAC goal set by NAR. A portion of your RPAC voluntary fair share amount may be used to support federal candidates and will be charged against your limits under 2 U.S.C. 441a. No later than April 1st 2014, you may check ColoradoREALTORS.com to determine the portion. After CAR reaches its RPAC goal it may elect to retain your entire contribution for use in supporting state and local candidates and issues. You may contribute more or less than the suggested RPAC amount. You may refuse to contribute the $25.00 RPAC voluntary fair share amount without reprisal and the National Association of REALTORS® or any of its state associations or local boards will not favor or disfavor any member because of the amount contributed.

Until the state PAC reaches its RPAC goal, 30% is sent to National RPAC to support federal candidates and is charged against your limits under 2 U.S.C. 441a; after the state PAC reaches its RPAC goal it may elect to retain your entire contribution for use in supporting state and local candidates.