Download nar vow policy - The Globe and Mail

What is a VOW?
A VOW gives brokers the opportunity to operate a secure, password-protected website
(or a feature of a website) that is capable of supplying real estate services to consumers.
This is provided that the Member has a properly established broker-consumer
relationship, which includes satisfying agency and disclosure obligations, and executing
any required agreements. A VOW can offer consumers the ability to view MLS ® data for
a designated period of time, with the Member’s oversight, supervision, and
accountability.
Who can operate a VOW?
A Member may operate more than one VOW, and an Affiliated VOW Partner (or
Partners) can operate a VOW on behalf of a Member (or Members), provided there is
Member oversight, supervision, and accountability. If however, TREB has suspended or
terminated an AVP’s access, that AVP cannot operate on behalf of other Members.
How do Members get started?
To operate a VOW, a Member must notify TREB in writing of their intention to do so,
and initiate a license agreement with TREB, which verifies that the TREB MLS® data
may not be used for purposes other than operating a VOW. The VOW must be readily
accessible to TREB and all Members so that compliance with MLS® and VOW Rules
and Policies can be verified.
How do consumers get started?
Members must first properly establish a broker-consumer relationship. Consumers can
initiate VOW access by providing an email address and agreeing to Terms of Use, both
of which the Member must verify. The consumer or the Member can then determine a
unique username and password combination, which is valid for up to 90 days, with an
opportunity to renew it thereafter.
What records must be kept?
Members must maintain a record of the consumer’s name, email address, username and
password for at least 180 days after password expiry, and maintain an audit trail of
consumer activity on the VOW. These may be requested by TREB if a security breach or
violation of MLS® and VOW Rules and Policies is suspected.
What security measures must be taken?
Members are required to utilize security protections on the VOW, though not greater than
those used by TREB. Members are required to monitor the VOW, to protect it from
unauthorized access, use or reproduction of MLS® data.
Are there provisions for supplemental agreements?
The Terms of Use cannot impose a financial agreement between the Member and
consumer. Any financial agreement must be separate from the VOW Terms of Use.
Are there provisions for supplemental features and information?
While a VOW may include supplemental features and information that is clearly
identified as such, listings from sources other than TREB must be clearly identified and
searched separately.
What information must be displayed?
Members cannot alter the content of MLS® data displayed on a VOW as is provided in
TREB’s MLS® system. VOWS must display a TREB MLS® copyright notice and
accuracy disclaimer, a privacy policy, and a Member’s contact information, the latter of
which can be used by consumers to get more information about the VOW’s listings.
Members must be willing and able to respond to such inquiries. MLS® data available on
a VOW must be refreshed at least every 24 hours.
Those who operate VOWS are not required to obtain separate permission from Members
whose listings are displayed on the VOW however; the listing Member’s name must be
displayed prominently in at least the size of the listing data.
What information must not be displayed?
Certain confidential data may not be displayed on VOWS as follows:
a)
b)
c)
d)
e)
Expired, withdrawn, suspended or terminated Listings and pending solds or
leases, including Listings where sellers and buyers have entered into an
agreement that has not yet closed;
Sold data, unless the method of use of actual sales price of completed
transactions is in compliance with RECO Rules and applicable privacy laws;
The compensation offered to other Members;
The seller’s name and contact information, unless otherwise directed by the
seller to do so; and
Instructions or remarks intended for cooperating brokers only, such as those
regarding showing or security of the listed property.
What information may be excluded?
VOWs may exclude listings from display based on objective criteria such as
geography, price and property type.
Sellers may choose not to display their listings or property addresses on the Internet.
Listing Members must advise TREB accordingly, in which case VOWs will not be
permitted to display such information. Members who operate VOWS may however,
provide such information to consumers via other methods such as email or fax. A copy of
such sellers’ instructions must be retained by the listing Member for at least one year and
provided to TREB within 48 hours upon request.
Are solds available on a VOW?
You must get the necessary consents. Sold data (i.e., Listing Information relating to
properties that have sold) shall be deemed confidential and withheld from a download if
the actual sales prices of completed transactions are not readily publicly accessible or if
the method of use is contrary to provincial or federal law, including all RECO Rules and
PIPEDA.
A Member’s VOW may not make available expired, withdrawn, suspended or terminated
Listings and pending solds or leases, including Listings where sellers and buyers have
entered into an agreement that has not yet closed.