It was reported that Trelora, a relatively new real estate brokerage startup that charges a flat fee for its services, is breaching the terms for its multiple listing service (MLS) subscription. What Trelora started doing was including, as part of its searchable home listings, the amount that home sellers are willing to pay a buyer’s agent when the property is sold.
In response, REcolorado, a MLS firm is threatening to fine them, and suspend or terminate Trelora’s access to MLS data. Since then, Trelora has made some changes to meet some of REcolorado’s demands but is nevertheless continuing to post the commission rates to buyers on their website. Trelora has lawyered up and is now seeking to negotiate with REcolorado and determine where to go from here.
This real-world issue taking place right here in Denver is a great example for anytime you sign-up for a data service like MLS, there is going to be a contract involved regulating what you can and cannot due with that data. Most of the time, there will be limitations preventing you from disclosing most, if not all, of such information to the general public. If you fail to comply with the terms of that contract by disclosing protected information, then you have probably breached that contract and will be liable for damages. This is just another example of make sure that you always read what you are agreeing to!
If you are thinking about entering into a contract and you need help reviewing it and what you will be able to do going forward, don’t hesitate to reach out to the Law Office of E.C. Lewis, PC, home of your Denver Small Business Lawyer, Elizabeth Lewis, at 720-258-6647 or email her at email@example.com.