Do You Have Right to Advertise Another Agents Listing?

By
Real Estate Agent with RE/MAX Paramount Properties

First of all, let me say this is not about IDX or broker reciprocity.  This subject is more about social media postings.   Routinely I notice on online social media real estate marketing agents showing pictures of other agents listings, and Blog about the listing with all the details as if it were there own.  I often wonder does the real listing agent know this is occurring.  For a consumer if they look at the post quickly, it will appear as if it is the listing of the poster...it is not!  That is very deceptive to the public and may violate state real estate license law, and or local MLS rules and regulation and the NAR code of ethics.   State laws may vary but usually agents within the same brokerage company may do so if they have their brokers permission.   Agents are not allowed in most states to advertise another brokers listing.  In Georgia it is not allowed.*  Before you act, it is always wise to check with your broker first, abide by all state real estate license laws, and the NAR Code of Ethics!

*It is now allowed, but with permission of both brokers.

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Rainmaker
556,060
Cherise Selley
Selley Group Real Estate, LLC - Colorado Springs, CO
Colorado Springs Realtor

Jim,

I think this is one of the back door approaches of less hard working agents to advertise self-accomplishment in our business.  I think it's very distasteful.

Jun 08, 2010 01:42 PM #27
Rainmaker
238,989
Matt Grohe
RE/MAX Real Estate Concepts - Des Moines, IA
RE/MAX Des Moines

Jim: there are a few agents in our markets that do this. Even though our broker allows us to market any listing by any other agent in our brokerage, currently about 84, I'm reluctant to do so.

Jun 08, 2010 11:52 PM #28
Rainmaker
271,598
Ross Quintana
Real E Smarter - Spokane, WA
Real E Smarter Real Estate Coach - 509-362-1966

Yeah Bill you are right, I would love to post a worst photo of the day blog but can't because of multiple reasons. I do advertise other agents listings in our office but all with permission.

Jun 09, 2010 11:00 AM #29
Rainmaker
436,434
Marcy Moyer
Keller Williams Realty Palo Alto Probate & Trust Specialist - Palo Alto, CA
CDPE

I like to comment about other listings on tour day so that readers of my blog have a taste of what is out there. However, if I think a listing is overpriced or a bad house I do not talk about it.  I do not put up enough info for anyone to think it is my listing.

Marcy

Jun 11, 2010 11:52 PM #30
Rainmaker
385,611
John Walters
Frank Rubi Real Estate - Slidell, LA
Licensed in Louisiana

Go out and find your own business.  There is plenty out there no need to steal some others listing..  Jim one can see how we go so low on the totem pole in public perception.

Jun 12, 2010 09:50 PM #31
Rainmaker
1,406,321
Charles Stallions
Charles Stallions Real Estate Services - Pensacola, FL
800-309-3414 - Pensacola, Pace or Gulf Breeze, Fl.

There are agents here that even advertise others listings in the magazines, I find most think that IDX gave a blanket permission slip.

Jun 13, 2010 09:01 AM #32
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Jim Crawford
RE/MAX Paramount Properties - Atlanta, GA
Jim Crawford Atlanta Realtor - Atlanta Real Estate

520-1-.09 Advertising.

(3) Written Permission to Advertise. A licensee shall not advertise any property for sale,

rent, lease, or exchange unless the licensee has first secured the written permission of the

owner or the owner's authorized agent. Where such permission is granted, a licensee

advertising property that is listed with another licensee shall clearly and conspicuously

disclose that fact and the name of the listing licensee unless the listing licensee has

expressly agreed to waive those clear and conspicuous disclosures

Jun 15, 2010 11:15 AM #33
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Jim Crawford
RE/MAX Paramount Properties - Atlanta, GA
Jim Crawford Atlanta Realtor - Atlanta Real Estate
Jun 15, 2010 11:17 AM #34
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Jim Crawford
RE/MAX Paramount Properties - Atlanta, GA
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Matt Grohe Remax Des Moines (RE/MAX Real Estate Concepts)  I have had some agents in my own office over the year advertise my listings with permission, but never another companies or agent's listings.

Jun 15, 2010 11:33 AM #35
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Jim Crawford
RE/MAX Paramount Properties - Atlanta, GA
Jim Crawford Atlanta Realtor - Atlanta Real Estate
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RE/MAX Paramount Properties - Atlanta, GA
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Marcy Moyer (Keller Williams)  Thanks.  I guess it is how it is displayed that makes the difference.

Jun 15, 2010 11:35 AM #37
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Jim Crawford
RE/MAX Paramount Properties - Atlanta, GA
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John Walters (Licensed in Slidell, Louisiana) (Slidell, Pearl River, Lacombe)  There are always agents that will do this.  They will even frame another companies website to get away with it.

Jun 15, 2010 11:36 AM #38
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Jim Crawford
RE/MAX Paramount Properties - Atlanta, GA
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Jun 15, 2010 11:37 AM #39
Rainmaker
226,587
Joan Snodgrass
Midamerica Referral Network - Kimberling City, MO

Have to admit that I was shocked when another agent advertised one of my listings in a Homes Magazine.  That was the first time it had come up for me.  Found out it is ok within the same brokerage, but a courtesy call would have been nice.

Jun 20, 2010 02:48 PM #40
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Jim Crawford
RE/MAX Paramount Properties - Atlanta, GA
Jim Crawford Atlanta Realtor - Atlanta Real Estate

Joan....They are still supposed to ask you the listing agent first for permission!  I would have chewed out my broker if he allowed another agent in the same firm without asking me first!

Jun 20, 2010 10:46 PM #41
Rainmaker
378,132
Kerry Lucasse
eXp Realty - Nest Atlanta Team - Atlanta, GA
Your Nest Atlanta Real Estate Consultant

When I first started blogging, I did a "deal of the week" feature -- 80% of the time my listings were the "deal", but I was able to reach out and get written permission from the listing agent to include on my list of weekly bargains.  I would send them the copy for the blog prior to posting and it seemed to go very well.

The downside was that it was VERY time-consuming, so I've put it on hold. :-)

Jun 21, 2010 10:29 AM #42
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Jim Crawford
RE/MAX Paramount Properties - Atlanta, GA
Jim Crawford Atlanta Realtor - Atlanta Real Estate

KERRY LUCASSE - Your Intown Atlanta Real Estate Consultant (Keller Williams Peachtree Rd)  LOL!  Because there tends to be a lot of deals right now in Atlanta.

Jun 21, 2010 02:17 PM #43
Anonymous
Anonymous
Tira

Why would ANY agent discourage another agent from advertising their listing??? That is crazy! You owe your sellers maximum exposure and your job is to sell the house. All parties involved will benefit. I don't understand this "its weird" or "its wrong" I thought the point of caravans and MLS is agent cooperation to the max? You want other agents to bring buyers right? So, wouldn't it make sense that they market other listings? Its like IDX.....

Apr 01, 2011 07:37 PM #44
Rainer
41,108
Sandi Davidson
Florida's Realty LLC - Lehigh Acres, FL

I agree Tira, in fact it is not illegal nor unethical to advertise another listing provided you do not represent the listing as your own (that would indeed be unethical).  It is the same as showing a client a listing of a property that you have not listed. Are you saying we should only show the ones we have listed ourselves?

The primary objective of each Broker is to sell the sellers house.  If I bring a buyer to you..are you going to reject a good offer because I showed them the property?

Apr 20, 2011 09:32 AM #45
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Jim Crawford
RE/MAX Paramount Properties - Atlanta, GA
Jim Crawford Atlanta Realtor - Atlanta Real Estate

Tira - Because the agent is not the broker and has to run all advertising past the broker before proceeding.  It is the law.

Sandi Davidson (Florida's Realty LLC) Check license law first you can easily be in violation of state real estate license law.

Apr 25, 2011 08:35 PM #46
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Jim Crawford

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