Lender Requesting Copies of MLS Sheets.

[cnjourdan]

I am currently performing a field review. After accepting the assignment(from an AMC), I was reading the "client requirements". One was to provide copies of all MLS data sheets for the comparables used in the original report and in the review(if new comparables were provided).

I have checked with the local MLS Board about the request. The local MLS board responded that the MLS information is copyrighted and could not be provided and have forward that response to the AMC, along with the statement if this is a requirement that can not be waived to cancell the order. Their reply was other appraisers, in your area, that are on our list do it, but to provide them with as much information as i can and they will verify it through another source(good luck we are not a disclosure state).

I know if I provide the copyrighted info, I have violated USPAP.
The question is the lender/client or AMC required to be USPAP compliant? and this requirement a USPAP violation, if they are?:new_all_coholic:

 

[NORTON]

I am currently performing a field review. After accepting the assignment(from an AMC), I was reading the "client requirements". One was to provide copies of all MLS data sheets for the comparables used in the original report and in the review(if new comparables were provided).

I have checked with the local MLS Board about the request. The local MLS board responded that the MLS information is copyrighted and could not be provided and have forward that response to the AMC, along with the statement if this is a requirement that can not be waived to cancell the order. Their reply was other appraisers, in your area, that are on our list do it, but to provide them with as much information as i can and they will verify it through another source(good luck we are not a disclosure state).

I know if I provide the copyrighted info, I have violated USPAP.
The question is the lender/client or AMC required to be USPAP compliant? and this requirement a USPAP violation, if they are?:new_all_coholic:

ask them for proof of that otherwise, it's just hear-say....if they provide the names, let them know they have violated the policy, if they don't provide the names, then u called them on their bluff and now it's their problem!

 

[cnjourdan]

I called the bluff when I said NO. I do believe some appraisers in the area are providing this information. The MLS board believes it is happening the problem is how do you catch them.
My original question "is the lender/client or AMC required to be USPAP compliant? and this requirement a USPAP violation, if they are?"
What do you think?

 

[NORTON]

they are not required to follow USPAP nor is what they are doing a violation of anything other than your common sense....you would not be violating USPAP by providing this info but, u would be violating your board's rules which could have financial & legal implications....so why do it? if they cut u off because of it...send a letter to your state AG...let them deal with it!

 

[cnjourdan]

Thanks, I thought if the appraiser knowingly broke the law(copyright infringement) in the completion of an assignment it would be a USPAP violation under the Ethics Rule.

 

[NORTON]

I see your point, I'm sure someone will be chiming in soon that is an expert on that very issue regarding a USPAP violation.

 

[cnjourdan]

That is why I posted this question. I wanted some more input before I send a reply back to them. This will be the last job I see from this AMC but as I have said many times in the past DO I LOOK LIKE I GIVE A F***. I hope they take a long walk off a short pier.

 

[JTip]

Send them the public sheet, crammed 6 per page, scanned in b/w and slightly skewed so the numbers run and say this is what 'YOU' are allowed to provide clients without having to pay a fine or get kicked out of the MLS.

They won't ask again, I promise.

 

[Non Sequitur]

Their reply was other appraisers, in your area, that are on our list do it, but to provide them with as much information as i can and they will verify it through another source(good luck we are not a disclosure state).

Louisiana has very liberal public record laws. About the only thing I can't pull down at the court house is the HUD1 (and only because no one files them).

I'm not sure what board you're with but another forum member claims NOMAR/GSREIN e-mailed him with an O.K.

Either way I agree with you about copyrighted data, but most systems do have a public "view" for fair use.

 

[vanguard]

Some MLS boards permit agents to hand out tear sheets to home buyers. You may want to inquire about this to see if it is permitted.