September 30, 2024

Dear Margie ,

AIC-ON received a legal opinion regarding the recent MPAC letter regarding compliance with end user license agreements (EULAs) for access to certain MPAC data whether directly or through other data sources (ie. GeoWarehouse, TRREB, ITSO, or MLS Boards). If you haven't received a copy of the letter or a follow up letter, please disregard this email. 

AIC-ON encourages you to leverage these insights as you navigate your responsibilities. While AIC-ON strives to offer you clarity, please note that we cannot provide specific legal advice as your situation will be unique to you. 

We want to remind you of key points regarding the EULAs (for example, propertyline™, Terms and Conditions) and your responsibilities when agreeing to EULAs:

• It is essential to read the EULAs carefully to understand what you are permitted to do under the license, and the potential consequences of your actions where you may do something not permitted by the EULA. It is important to note that other company’s EULAs also incorporate MPAC’s EULA for the use of propertyline™ information. This is why you need to read all the different EULAs; 
• Since EULAs can be amended from time to time without notice, make sure to review the terms regularly; 
• The EULAs generally require that before you provide any licensed data to a client, you need to have a written agreement in place with your client that they agree not to disclose this content to anyone else, and that their use is also limited to what is permitted under the EULA.

While you will have to determine how to comply with this obligation, we would note one common approach is to expand on the AIC Form clause 14. Additional language like the following clause could be used in your appraisal report in the Addendum for Extraordinary Assumptions (select the tick box to say “yes” you have an extraordinary assumption):

“This report must be relied on in its entirety. The contents and/or no parts thereof of this report shall be extracted, reformatted or conveyed to any person, third party or entity, without the written consent and approval of the author of this report, particularly as to value conclusions, the identify of the appraiser/firm to which the appraiser is connected, or any reference to the AIC, AIC Ontario, or the appraiser's designation. Further, the appraiser assumes no obligation, no liability or accountability to any third party, and this report cannot be used for any purpose, other than stated within this appraisal report.”

For clarity’s sake, although the last sentence makes sense in the context of preparing an appraisal report, it is outside the scope of the advice with respect to how to respond to MPAC.

• MPAC's request for you to provide the source of property data and the associated data platform might not be specifically required by the applicable EULAs. You do have some disclosure and cooperation requirements under the EULAs, and MPAC has some broad termination and suspension rights. If you require more information, ask MPAC directly, as it applies to you, before responding. 
• Note as well that MPAC is allowed to access specific personal information only for audits and are required to delete it afterward.
• If you have questions or concerns about your personal rights under the EULAs you have agreed to, it’s a good idea to consult with your own legal advisors for clarity and peace of mind.

AIC-ON is aware of the current challenges in the real estate sector and we are working diligently to support and assist you in every way possible to ensure your success now and into the future. We are also exploring alternative data solutions so that you can continue to provide your valuable services. We will be communicating our efforts shortly.

In closing, AIC-ON does not support any misuse of data outlined in the terms of MPAC's EULA or any other data provider.