For years, our industry has operated in a gray area over one fundamental question – who owns the listing data?
Over decades of evolving rules, licensing structures, and layers of agreements, clarity was lost. In some cases, listing data has effectively become treated as an MLS asset. In others, the familiar yet vague phrase “for MLS purposes” is used as a broad brush for any activity the MLS wants to engage in with listing broker-created content.
The uncomfortable reality is that our industry treats listing data as if they have a right to use it however they want. Brokers and agents earn listings and invest in them. The data that follows should not be treated as a commodity. It’s their work product and a business asset.
At Realtracs, we believe it’s time to stop pretending. We’re putting a stake in the ground and making something clear: the broker owns listings and listings’ data.
That’s why we’ve eliminated our Participation Agreement and replaced it with a Brokerage Services Agreement. This isn’t a cosmetic change, but a structural change. The new agreement clearly acknowledges what should be apparent: the listing broker owns their listing content and the data that comes with it.
Clear ownership gives brokers and agents a foundation to enforce their rights around copyright infringement and unauthorized use, no longer devaluing their role in the marketplace.
Realtracs’ role is to steward and activate listing data in ways that create fairness, efficiency, and trust across the marketplace. Our role is not ownership, it’s enablement.
We’re also being intentional about redistribution. Under the new agreement, listing data can only move in ways that serve the brokerage’s economic interest or operational efficiency. If it doesn't serve the broker, it doesn't happen.
We restructured our company to better align around serving brokers first, allowing us to move faster, make clearer decisions, and act on issues like this. This new agreement is a direct result of that change.
At its core, our new Brokerage Services Agreement is about trust. Brokers are the backbone of the industry, and they’ve been squeezed on all sides. Realtracs wants to ensure brokers control and benefit from their listing assets. Clearly defining who owns the listing data is table-stakes in offering trusted services to the brokerage community going forward.
