<HTML> <HEAD> <title>WebForm1</title> <meta name="GENERATOR" content="Microsoft Visual Studio .NET 7.1"> <meta name="CODE_LANGUAGE" content="Visual Basic .NET 7.1"> <meta name="vs_defaultClientScript" content="JavaScript"> <meta name="vs_targetSchema" content="http://schemas.microsoft.com/intellisense/ie5"> <META http-equiv=Content-Type content='text/html; charset=UTF-8'> </HEAD> <body > <TABLE id="Table1" cellSpacing="1" cellPadding="1" width="100%" border="0"> <TR> <TD><b>Comment Number:</b></TD> <TD>518795-00037</TD> </TR> <TR> <TD><b>Received Date:</b></TD> <TD>10/19/2005 4:08:59 PM</TD> </TR> <TR> <TD><b>Organization:</b></TD> <TD>VirginiaMLS.com Realty</TD> </TR> <TR> <TD><b>Commenter:</b></TD> <TD>Baird, Glen</TD> </TR> <TR> <TD><b>State:</b></TD> <TD>VA</TD> </TR> <TR> <TD><b>Agency:</b></TD> <TD>Federal Trade Commission</TD> </TR> <TR> <TD><b>Rule:</b></TD> <TD>Competition Policy and the Real Estate Industry</TD> </TR> <TR> <TD><b>Docket ID:</b></TD> <TD>To Be Added</TD> </TR> <TR> <td colspan='2'>No Attachments</td> </TR> </TABLE> <hr/> <b>Comments:</b><br/><br/> The new policy states: Unless state law requires prior written consent, each Participant s consent for display of that Participant s listings on the ILD site of other MLS Participants is presumed unless a Participant affirmatively notifies the MLS in writing that it has withdrawn consent to such display ( opt out ). a. A Participant that opts out may not display on its ILD site(s) (including by framing any other website), if any, the listings of any other MLS Participant provided by the MLS. b. A Participant that opts out may not permit display of its listings on any ILD site of any other Participant. It may, however, display its listings on public websites of third parties, including but not limited to Realtor.com. This allows allows listings not be be shared with other broker but still be posted on the internet of third party sites. Anti-Competitive! A Participant who has opted out pursuant to this policy shall provide notice to sellers who list with such Participant that, in accordance with the Participant s decision to opt out, the seller s property will not be available for display on the ILD sites of any other MLS Participant. Participants shall make such disclosure to sellers and receive confirmation of such disclosure from sellers using a document that conforms to the  Seller Internet Display Choice Form attached to this policy as Appendix 1. a. A Participant who has opted out shall also, using the  Seller Internet Display Choice Form, provide the seller the opportunity to select to have the listing included among those that Participants operating ILD sites may display. In such cases, the Participant shall notify the MLS at the time it submits the listing that the listing may be displayed on other MLS Participants ILD sites. A Participant may decline to accept a listing from a seller who requests that his property be available for display on other MLS Participants ILD sites. Even though a broker has opted out, they can now selectively opt back in with an already designed form. Large Brokers can opt out to prevent other broker from displaying their listings, but still post their listings on third party sites with a link from their site, just not a frame. So the larger broker won't miss out on the internet savvy consumer, they can selectively opt back in. Brokers would opt out on every transaction, unless they had a tough sale or a demanding or informed client. Nicer high demand homes would not be shared. Appendix 1: SELLER INTERNET DISPLAY CHOICE FORM 1. I have been advised by [Participant] that, if I select him or her to represent me in the sale of my property, my listing will not be displayed to buyers searching for properties on Internet websites operated by other brokers in my community. ____________ initials of seller 2. I have been advised by [Participant] that I can choose to include my property among those that may be displayed to buyers searching for properties on Internet websites operated by other brokers in my community. ____________ initials of seller 3. Seller should circle one of the following: a. I choose to have information about my property be available for display on other brokers Internet websites. or b. I choose not to have information about my property be available for display on other brokers Internet websites. </body> </HTML>