Sarasota MLS Attacks One of Its Own

Normally, I try to stay local on this blog but every once in a while something comes up that I feel is important enough to write about of a non-local nature. This post is about the Sarasota MLS, or SAR, that has fought one of its dues paying members to force him to get rid of a long-held domain name for his #1 Sarasota real estate website, originally named thesarasotamls.com.

Although SAR MLS isn’t the only area that has tried strong-arm tactics on the term “MLS” (multiple listing service), I haven’t heard of such a case as this one.

The Sarasota MLS has actually merged with another MLS to form a larger, more comprehensive multiple listing service. Recently, our own Northern IL MLS merged with the Chicago MLS and both original MLS names are no longer in use. So I’m still not sure why the SAR MLS is so worried about the website domain name in question.

Marc Rasmussen, a very successful Sarasota real estate agent, puchased the domain name back in 2003. In fact, our National Association of REALTORS actually published an article by a popular NAR spokesman called Mr. Internet. Mr. Internet told agents to use MLS in domain names. Since then, NAR has changed their rules. I know rules can be changed, but I feel there should also be a grandfather rule in place, especially for this situation.

Why the fuss over MLS in a domain name?

The excuse given by SAR and different MLS’s and real estate association boards is that using the term in your domain name, or even on your website, misleads the public into thinking that you are actually THE MLS. In other words, that a prospect would think they’re searching the exact same MLS that agents have access to.

But they’ll quickly learn that they cannot search for closed listings, for example. Nor can they search for expired, canceled, withdrawn, etc. So they quickly realize that what they are being provided are active listings that are cultivated from the local MLS.

I don’t think prospects care how an individual agent provides them MLS listing access but they do enjoy the ability to do their own searches. Some buyers aren’t ready to buy yet but like to see what the market currently offers. Other buyers are definitely ready to buy and even if their own agent is providing them with e-mail updates for homes, they still like to do their own searches.

So what’s up with the SAR MLS case against Marc Rasmussen?

First, they tried getting Marc on an ethics violation! That is a bad complaint to have against a real estate agent and Marc won that fight.

But SAR MLS wasn’t happy with losing so they went directly to ICANN, who oversees domain names throughout the Internet. Marc lost this battle and is appealing.

Marc has stopped using the “offending” domain

But he is currently using it as a redirect to his new website domain name. Doing this, he is still getting some advantages from all of the work and effort that went into the original domain name. But if the Sarasota MLS gets this domain in their possession, Marc will have lost thousands of dollars and hours of work put into this domain.

He will lose his number 1 position in the search engines which will hurt his business dramatically. Marc has a family to support and has worked hard to be able to do so. Now some local MLS, who technically doesn’t even exist any longer, is taking away Marc’s largest real estate marketing tool. Marc pays his dues to the same MLS that is now hurting him. All he asks is to be able to keep the domain as a redirect. But SAR MLS wants his domain!

Does SAR really have a right to the domain?

The supposed CEO of SAR responded to several active posts about the fact that they have been trying to get the term Sarasota MLS trademarked. But from what I’ve read in response to the claim, you cannot trademark an area and the term “MLS” is actually trademarked by Major League Soccer. So I don’t believe SAR MLS truly has an enforceable trademark.

The CEO, who did not sign her name to her comments, also tried to tell us that NAR didn’t actually write the artcicle by Mr. Internet, and that NAR has disclaimers on their publications, blah, blah, blah. She was trying to diffuse the article that NAR published for its own REALTOR membership. The SAR MLS CEO really must think we’re all stupid. She made herself look stupid with her lame response to the situation.

Our MLS has come down on us for using the term, too

On my Cook County Real Estate site I received a cease & desist letter with copies of my website and the “offending” links circled. I was given 72 hours to change those links. If I didn’t, I would start getting fined.

This has happened to enough agents throughout the nation that we have found ways around this. What we still don’t understand is the issue of using MLS to begin with. All of the active Northern IL MLS listings on my websites come from the MLS! But I can’t say that for some reason.

We REALTORS feel that the term has become so common that real estate website prospects now know what MLS means and to them it simply means a search of current active homes from the local MLS. It doesn’t mean that my website actually is or belongs to the MLS. But the local MLS’s and boards are trying to say that the public just doesn’t know any better and they need this protection. I say phooey! The public isn’t stupid like our boards and MLS’s think they are.

In fact, if I could, I would end my membership with NAR and my local board. I believe they’re living in the dark ages and most of the rule makers do not have an Internet presence and simply don’t understand. The Internet has dramatically changed how real estate works today. If we can’t keep up with it and stay competitive because we’re being held down by the same boards and associations that we pay hefty dues to, then what good are they?

Unfortunately, in order to get access to the Northern IL MLS, I have to be a paying member of NAR, our local board and our local MLS. In fact, the only way I’d be able to use the term MLS without getting in trouble is if I am not a dues paying member. How fair is that? How is that protecting the public?

There are many blogs out there talking about this subject. It was even covered in Inman News. There is a silly song made up about it written by REALTOR Cal Carter called the SAR Pokie that is pretty funny. And a brand new blog has been created specifically about the debacle called The Sarasota MLS sucks. Funny thing about that is the creator of the blog isn’t even a real estate agent but he is incensed by what is happening to Marc.

If you’re in the market to buy or sell real estate in the southwest and west suburbs of Chicago, feel free to search all active Northern IL MLS listings and give Judy Orr a call at 708-536-8200 or contact her.