The Modified VOW Policy (Exhibit A) of the (Proposed) Final Judgment contains some interesting provisions which I believe recognizes the seller’s right to control the advertising and marketing of their property on the internet, including the right to:
- withhold listings and property addresses from display on the internet and
- prevent comments, reviews and AVM valuations from attaching to their listings on the internet
– Are you listening Zillow? Do you care?
Section II 5a gives the seller the right keep listings and property addresses “private” and withheld from internet display. This includes the right to have a listing totally withheld from the internet: (To my knowledge, NAR had recognized this right.)
No VOW shall display listings or property addresses of sellers who have affirmatively directed their listing brokers to withhold their listing or property address from display on the internet. The listing broker or agent shall communicate to the MLS that a seller has elected not to permit display of the listing or property address on the internet.
If Zillow recognized this right, they would not allow third parties to list homes for sale on Zillow without the homeowner’s permission and would remove third party “for sale” notices at the seller’s request. Unfortunately, Zillow does not recognize a seller’s right to advertise and market their home privately and will display a home for sale on Zillow at a price designated by a third party, without the homeowners knowledge.
Section II 5c gives the seller the right to disable comments, reviews and automated estimates of value from following their listing around the internet : This is new and powerful stuff and frees a homeowner from having to be an online monitor of misleading information about their homes– flagging systems, like Zillow’s are worthless if a homeowner has no knowledge of the conversation. (boy, I bet those Zillow VCs are nervous)
With respect to any VOW that
(i) allows third parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or
(ii) displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing.
The VOW shall disable or discontinue either or both of those features as to the seller’s listing at the request of the seller. The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all Participants’ websites…(emphasis added)
If Zillow recognized this right they would let sellers opt out of the zestimate and disable Q&A on their home. Unfortunately, Zillow will not allow a homeowner to remove a zestimate, even a grossly inaccurate one, and even when the home is listed for sale. Zillow will also let third parties conduct Q&A on a home without the owner’s knowledge. Get with homeowner rights Mr. Barton– it will only help your success with homeowners– these are the folks you have to please.
As it stands, Zillow zestimate APIs on brokerage websites may be affected if sellers opt out of the automated estimates display. Brokers will probably have to disable the API for those opt out listings.
Although the above Policies apply only to VOWs and Affiliated VOW Partners (AVP), they support my long held belief, and that of virtually all sellers, that it is the seller who has the ultimate right to control how their property is advertised, displayed and marketed on the internet.
Appendix A is a Seller opt-out form: (double click for full size)
Power to the Seller!
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