Good morning RAHB members,
Thank you for all of your feedback regarding the MPAC/display of public source square footage data that was communicated last week. We heard you, and felt your frustration, and we have an update to share.
First, we want to highlight that RAHB did not voluntarily suppress public source square footage data from displaying on the MLS®. MPAC hastily imposed their decision to enforce the Terms and Conditions of Use regarding square footage, by advising that posting on the MLS® exact (actual) square footage – from any source – has been and will continue to be expressly prohibited.
Further, Teranet – as the exclusive provider of MPAC data through GeoWarehouse – provided very short notice to boards and associations of this prohibition. Although this is not a new rule or change by MPAC – this has always been within their Terms and Conditions of Use, but has never been enforced – RAHB was given less than a week’s notice to interpret and adhere to these demands.
Based on RAHB’s legal obligation to comply with MPAC/Teranet’s Terms and Conditions of Use, and to protect the Association and RAHB members from liability and breach of contract, the decision was made to no longer display or allow the choice of “Public Records” as a square footage source.
After meetings with MPAC, Teranet, ITSO and OREA, as well as hearing feedback from RAHB members, it has been decided to display historical public source square footage data internally for RAHB members. This is now in effect.
However, this is only an interim measure. It should be noted that MPAC’s Terms and Conditions of Use have not been amended; RAHB and its members remain at risk.
Additionally, RAHB cautions members in using public record/MPAC values as the sole source for square footage data. Instead, we advise that MPAC-sourced data only be used to validate property measurements that you have obtained using other verifiable methods.
RAHB continues to work in close collaboration with ITSO and OREA, as well as MPAC and Teranet, to research the matter for additional avenues, as well as determine a more permanent resolution. RAHB will inform and update members on this issue as changes are made.
If you have any questions, please contact the MLS® Help Desk at firstname.lastname@example.org.
Thank you again for the feedback we received. Your engagement with RAHB helps to guide the Association and the real estate profession.