The Colorado Division of Real Estate is seeking unlimited access to home-sales databases in the state but has encountered resistance in Colorado Springs, where executives in charge of the multiple listing service say such access creates privacy concerns.
The Pikes Peak Association of Realtors, which allows only members to access its multiple listing service, or MLS, wants to protect the confidentiality of its sellers, said Wynne Palermo, chairwoman of the Realtors association. The association is, however, happy to provide specific information the division requests for its investigations, she said.
“The division has not once asked us for any piece of specific information,” Palermo said. “We don’t think our sellers would be comfortable with some of the information that would be put out there.”
Erin Toll, director of the division, contends that the data would help her staff investigate real estate scams. The division has access to virtually every other listing database in the state, she said.
“Their refusal to grant us access is outrageous,” Toll said. “We are seeing a large spike in complaints from Colorado Springs. I cannot do my job without seeing the same information they are seeing.”
It’s unusual for multiple listing services to grant access to anyone but members, said Julie Reynolds, a spokeswoman for the National Association of Realtors.
“To gain access to MLS information outside of the public-facing portal, an entity must be a member of that MLS,” she said.
Earlier this month, the Division of Real Estate issued a “friendly” subpoena seeking unlimited access to the Colorado Springs database. In a letter to the board accompanying the subpoena, Toll stated that issuing subpoenas for specific information is not helpful because the worst offenders often work in teams and hit multiple neighborhoods.
“Issuing subpoenas every time we see a case blossom into something bigger is time consuming, inefficient and costs taxpayers money,” she wrote.
In his response to Toll’s letter, Pikes Peak attorney Tyler Kraemer said that efficiency is no excuse for violating the law.
“Your subpoena request implicates invasion of privacy rights of persons and their homes,” Kraemer wrote. “What you are asking for is the right to conduct a warrantless search without probable cause.”
Margaret Jackson: 303-954-1473 or mjackson@denverpost.com
