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Virtual Office Websites

Click VOW Rules to view Sections 12.4 and 12.5 of the Regional MLS Rules & Regulations

What is a VOW & How to Start One

In November, 2008, the National Association of REALTORS® (NAR) issued a new Virtual Office Website (VOW) Policy and VOW Rules in settlement of an antitrust lawsuit initiated by the Department of Justice which were adopted by the RMLS Board of Directors in February, 2009 in compliance with such settlement. We hope by this document to explain some important issues regarding what is a VOW and what you need to start one. Real estate professionals who wish to operate a virtual office and a VOW must abide by the RMLS Rules and Regulations and Compliance Guidelines.

What is a VOW?
A Virtual Office Website (VOW) is the website or a feature of a website for a Broker’s Internet- based real estate brokerage, through which the Broker is capable of providing real estate brokerage services to consumers. You must first establish a broker-consumer relationship (as defined by Florida state law). Since a VOW is an online brokerage, Brokers cannot “opt out” (“you can’t show my listings”) and the consumer has the opportunity to search listing content authorized by the RMLS Policy and Rules (“VOW Content”), which is different from IDX Content. All VOWs are subject to your oversight, supervision, accountability and responsibility.

Unlike IDX websites, VOWs require website visitors to register prior to viewing the listing information, which is for the purpose of allowing you an opportunity to develop an ongoing relationship with your VOW registrants. Operating a VOW can assist you in expanding your target audience to which you provide your brokerage services. There are lots of good articles on the Internet about using VOWs in your business.

What is the difference between a VOW and an IDX website?
An IDX website is considered advertising while a VOW is considered on-line brokerage. The Listing Broker’s Consent is required before another Broker may advertise their listing.

A VOW must comply with certain requirements and DOES NOT require the listing broker’s consent to display any listing otherwise available to RMLS Participants for Internet display. (Sellers can still withhold their properties from Internet display or withhold the display of their property’s address, but a seller cannot choose to only withhold Internet display of the property on a VOW).

What must my VOW contain?
VOWs must meet certain content requirements in accordance with the new VOW Policy. Your VOW must include:

  • Terms of Use (TOU) statement: A Terms of Use statement, also referred to as a Terms of Service agreement, is a contract between you and your VOW Registrants. Since the VOW Policy and Rules contain specific requirements as to what your TOU must state, it is crucial that you display an original TOU tailored towards your VOW, not one copied from another website.
  • Privacy Policy: A Privacy Policy informs visitors to your VOW how any information they provide to you will be used. Because each website uses visitor information differently, you may be putting yourself at risk if you copy a Privacy Policy from another site.
  • Contact Information: Your VOW must display a method of communication by which a consumer may contact you to ask questions, obtain additional information, or inform you of any inaccuracies in the listing information displayed on your VOW.
  • Current Listing Information: The RMLS VOW Content displayed on a VOW must be refreshed not less than every three days.

Who can start a VOW?
Only a Broker/Participant can start a VOW, but a Broker/Participant can authorize an Agent/Subscriber to have a VOW. If you are a Broker and you authorize an Agent/Subscriber to have a VOW, you are totally accountable and responsible for that VOW and must supervise its functionality to reduce your risk of liability. Also, the term “Participant” has been recently revised in the RMLS By-Laws to provide that a Participant must:

  • Possess a current, valid Broker real estate license issued by the State of Florida; and
  • Actively endeavor to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on RMLS.

How do I start a VOW?
First, if you are a Participant in RMLS, you must complete an application and pay the applicable fees for a virtual office or a virtual branch office. Before you notify RMLS that you desire a VOW Content feed for your virtual office or virtual branch office website, you will want to decide if you will operate your VOW, or if you will employ a technology provider, referred to as an Affiliated VOW Partner (AVP), to operate your VOW on your behalf. If you elect to have an AVP operate your VOW, it is suggested that you make sure your AVP signs an agreement with you to comply with the RMLS Rules and Regulations to protect you, your rights, and your firm.

You must notify RMLS of your intention to start a VOW. After you have notified RMLS, you will receive a copy of the Rules Applicable to a VOW, the Compliance Guidelines, and a Content Questionnaire form to complete regarding your VOW. After the Questionnaire is returned to RMLS, RMLS will do a preliminary compliance check of your VOW and, if the preliminary requirements of a privacy policy, terms of use, contact information and registration process in compliance with the RMLS Rules are in place, RMLS will forward you the Content License Agreement for Virtual Office Website. You review, execute and have your AVP and, if applicable, your Agent, execute the Agreement and return duplicate originals to RMLS together with the Set Up and License Fee. Once RMLS does a check of your VOW for initial compliance and executes and returns the fully executed Agreement, the VOW Content feed will be ready within two (2) business days.

Who can use my VOW?
The VOW Policy and Rules require users of your website, called Registrants, to register their name and valid email address with you before receiving access to RMLS VOW Content displayed on your VOW. With regards to Registrants, you must:

  • Establish a lawful broker/consumer relationship as defined in Florida;
  • Confirm the email address a Registrant submits to you before they can access information;
  • Obtain a Registrant’s explicit agreement to the Terms of Use of your VOW;
  • Require each Registrant to have a unique username and password that must be entered to access the VOW Content;
  • You must track the password and it must expire every 90 days, at which time it can be renewed.

Are there any items that my VOW may not display and is there a fine if I do?
Yes, your VOW must not make available for search by, or display to, Registrants any of the following information:

  • Expired, withdrawn or pending (“under contract”) listings;
  • The compensation offered to other RMLS Brokers;
  • The type of listing agreement, i.e., exclusive right to sell or exclusive agency;
  • The seller’s and occupant’s name(s), phone number(s), or e-mail address(es);
  • Instructions or remarks intended for cooperating brokers only, such as those regarding showings or security of listed property;
  • Addresses and listings where the sellers have “opted out” (decided not to have their listing on the Internet or not have their property address displayed).
  • Sellers also have the option of telling you they do not want comments or blogging around their listing or even some electronic click through or other method of valuing property around their listing.

If your office violates the VOW Rules a fine of $1,000.00 per infraction will be assessed. You can avoid additional fines of $100.00 per day by taking down your VOW site within seventy-two (72) hours of notification from RMLS that you are out of compliance.

What will cause RMLS to suspend my VOW Content feed?
One or more of the following will cause RMLS to suspend the VOW Content feed until the situation is corrected:

  • Display of Content that should not be displayed.
  • Not having a registration process for consumers.
  • Transfer of RMLS Content to any third party without RMLS authorization.
  • Refusal to allow RMLS access to Broker’s VOW for evaluation and compliance.
  • Absence of method of communication.
  • Absence of Terms of Use.
  • Absence of Privacy Policy.

Help Is Available!
Privacy Solutions represents RMLS and is the national company which specializes in providing Privacy Policies, Terms of Use statements and license agreements for the real estate industry, all of which are vital to operating your VOW, performs a variety of services for RMLS.

RMLS is pleased to say that Privacy Solutions has agreed to offer RMLS Participants the opportunity to obtain a VOW-compliant Privacy Policy and Terms of Use for your website at a special discount.

In addition to the required Privacy Policy and Terms of Use, Privacy Solutions is happy to help in all other ways to minimize your legal risks of your VOW or any of your websites. To find out your website risk level, take their quiz www.ThePrivacyQuiz.com or contact Cristina Smith (Cristina@PrivacyGurus.com or (619)670-9462.

Virtual Office and Virtual Office Website (VOW) Process

  1. Complete your application for virtual office or virtual branch office.
  2. Decide whether you will operate your Virtual Office Website (VOW) or if you will have a technology provider, referred to as an Affiliated VOW Partner (AVP), operate your VOW on your behalf. If you elect to have an AVP operate your VOW, execute an agreement with your AVP to protect you and your firm.
  3. Notify RMLS at data.exports@rmlsfl.com of your intention to start a VOW. Upon receiving your notice, RMLS will send you a copy of the VOW Rules, the Compliance Guidelines, and the VOW Content Access Questionnaire.
  4. Carefully read through all documents received from RMLS. Complete the VOW Content Access Questionnaire and return it to RMLS at data.exports@rmlsfl.com.
  5. After returning your completed Questionnaire and Agreement, RMLS will do a preliminary compliance check of your VOW and, if the preliminary requirements of a privacy policy, terms of use, contact information and registration process in compliance with the RMLS Rules are in place, you will receive a Content License Agreement for a Virtual Office Website. Review the License Agreement and with your AVP and, if applicable, your Agent, and both you and the AVP should execute duplicate originals of the Agreement as indicated.
  6. Return the executed original of the Content License Agreement to RMLS along with a Set Up fee of Five Hundred Dollars ($1,000.00) and an annual License Fee of One Thousand Dollars ($1,250.00) which will be pro-rated to December 31st (i.e. sign in July and pay six (6) months at sign up of Five Hundred Dollars ($625.00).
  7. Within two (2) business days of receiving the fully executed Agreement, and all verification of your initial compliance your VOW Content feed will be available.