Remember the Department of Justice lawsuit against the National Association of Realtors' Virtual Office Website policy? It was filed back in September 2005, and has been draggin' on ever since.

The clash occurred over how listings on multiple listing services should be displayed on virtual broker office websites.

The DOJ's goal was to give everyone outside of brokers the right to use multiple listing service data, including consumers, data aggregators and discounters not offering minimum state-mandated services to sellers.

The NAR vowed, pardon the pun, to fight back. The listing data belongs to the listing broker and the MLS is a business cooperative with rules that should protect brokers' listings from being used in environments not in their seller's best interest.

The case was supposed to hit the docket in July 2008, but the proposed final order is to be filed with the federal district court in Chicago today.

Both sides of yesterday's settlement can be proud.

The NAR says the order preserves the MLS as a broker-to-broker cooperative, limiting the online exchange of listings to brokers who are actively engaged in the business of brokering real estate on the sell or buy side. The exchange of listings is limited to brokers who are actively engaged in the business of brokering real estate, according to MLS participation rules.

The DOJ says the NAR promises to treat virtual office brokers no differently than other brokers, which it says it already did since 95 percent of brokers have websites capable of using IDX listings.

Brokers will be able to use VOWs to educate consumers, make referrals, and conduct brokerage services, and they won't be excluded from the MLS based on their business models. In other words, it's business as usual.

That will be a neat trick considering that NAR MLS participation rules don't allow referral-only members.

However, the settlement takes a big monkey off the NAR's back, even if a lot of other folks are going to be upset.

Discounters like Redfin will no longer be able to use full-fee brokers' listings and then publish blogs about how unattractive or overpriced they are -- at least, not next to the listings.

Lead generation services like Lending Tree won't be allowed to scrape MLS data through broker shell companies like iNest.

Data mining companies like the mysterious HBM2.com (Home Buyers Marketing) won't be allowed to resell MLS data for profit.

Real estate communities like Zillow won't be allowed to put housing value estimates near MLS listings, which will take the zest out of Zestimates. (Editor's note: Zillow is not a VOW. Spokespersons say that brokers and agents will be able to post listings directly without going through their MLSs, so Zillow and its content suppliers are unaffected by the NAR/DOJ settlement.)

But, it isn't over 'til it's over.

There's a 60-day comment period in which anyone can write the federal court and make objections, and then Judge Matthew F. Kennelly has another 30 days to review.

Published: May 28, 2008

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Blanche Evans is the award-winning senior editor of Realty Times, the Internet's leading independent real estate news service. She is featured daily on the Realty Times Video Network in the "Realty Viewpoint" segment. Blanche has been named one of the "25 Most Influential People In Real Estate" by REALTOR Magazine, and has been twice recognized as a "notable." In 2005, she was named "Top Reporter Covering the NAR" by Delahaye-Bacon's. Blanche is a renowned author of five real estate books. Her newest, Bubbles, Booms and Busts: Make Money In Any Real Estate Market, McGraw-Hill, was rave-reviewed by The New York Times. She was also selected from hundreds of real estate experts to contribute to Donald Trump's book, Trump: The Best Real Estate Advice I Ever Received: 100 Top Experts Share Their Strategies, Rutledge Hill Press, and is featured on page 68. Order Now Review - Honors In 2006, Blanche was selected among scores of candidates to author two consumer real estate guidebooks for the National Association of Realtors: The NAR Guide to Home Buying, and The NAR Guide to Home Selling, Wiley & Sons. She is currently planning two new books for the NAR and its members.       Known for her keen insight into real estate industry issues and for her ability to make complex subjects easy to understand, Blanche is a sought-after keynote and continuing education speaker. Real estate organizations from MLSs, to brokerages, to franchisors, to associations hire her to provide up-to-the-minute analysis of real estate industry news and advice on how to improve revenues. Her passionate delivery, peppered with stinging wit, is a huge hit with audiences and fans. Don Klein, CEO Greater Nashville Association of Realtors, Blanche Evans, Richard Courtney, president 2007, GRAR "The GNAR membership meeting last week featured Blanche Evans as the keynote speaker. Her comments and insights resonated extremely well with those in attendance and we have had many requests for copies of her PowerPoint Presentation. She was a terrific part of the membership meeting and convention program!" - Don Klein, CEO Greater Nashville Association of Realtors Coverage from WSMV, Nashville - 8-14-2007 That Interview Guy - Get Inside The Head Of Today's Generation 2007 AE Institute Session - To purchase 2006 AE Institute Session - Parts 1 2 3 4 5 6 7 8 9 HouseValues Mastermind call - Parts 1 2 Blanche's fireside chat with Jeremy Conaway, HAR - Click here. To contact Blanche, email her at . For more articles by Blanche, click here.