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"Coming Soon" Real Estate Advertisements Not Allowed In Maryland

By
Industry Observer with Retired
"Coming Soon" Real Estate Advertisements Not Allowed  In Maryland

The following guidelines are from the Maryland Real Estate Commission:

HAVE YOU SEEN THIS SIGN OR ONE LIKE IT?

istock coming soon sign

Recently, the Commission has received inquiries about the advertising of properties when there is not a signed listing agreement. Advertising a property as "Coming Soon" without a signed listing agreement is a violation of the Code of Maryland Regulations (COMAR) 09.11.01.12, which states: "All residential listing contracts, listing real property for sale, rental, lease, or exchange, either exclusive or open, shall be in writing and signed, and a copy of the contract shall be given to the seller or owner before the licensee advertises, shows, or offers the property."

Some licensees are of the understanding that they may advertise the property as "coming soon" because the seller has agreed to list the property but has not yet returned the signed listing agreement to the broker. Others have expressed that the seller has agreed to list the property after cleaning or making repairs to the property. However, neither of those circumstances is an acceptable reason for advertising a property without possessing a signed listing agreement.

Be advised that COMAR is very clear: You cannot advertise a property without having a signed listing agreement. You could be subject to regulatory charges.

Managing brokers need to be alert for real estate advertisements that might violate state rules and regulations.

Kentlands Spring Flowers IMG_7849

Photograph by Roy Kelley using a Canon PowerShot G11 camera.

Roy and Dolores Kelley Photographs

Posted by

Roy Kelley, Retired, Former Associate Broker, RE/MAX Realty Group

Gaithersburg, Maryland  

Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Roy - I wonder whether they have a similar restriction in Florida. I am a buyer broker, so I do not have signs, and it does not affect us but intersting to know.

Thanks

Apr 09, 2012 12:38 AM
Dan Hopper
Dan Hopper - Gold Way RE - Westminster, CO
Colorado Broker / Referral Services

Great posting, Roy.  These type of signs are being used quite a bit, even in Colorado.  Again, make sure you have a signed listing agreement before the sign goes up!!  There have been a few times that I have used these signs.. for less than a week.  I have the agreement signed, the seller has requested NO showings until a certain date... and that is stated in the listing agreement... the house is still listed in the MLS with that disclousure of showing date. 

Apr 09, 2012 12:41 AM
Bryan Robertson
Los Altos, CA

I wish we had this law in California.  There are so many properties that get "Coming Soon" only to sit for weeks or months while the "listing agent" gets his act together.  Seems like a scam to me and glad Maryland stopped it.

Apr 09, 2012 12:46 AM
Than Maynard
Coldwell Banker Heart of Oklahoma - Purcell, OK
Broker - Licensed to List & Sell - 405-990-8862

I wonder if the "Coming Soon" signs are mostly on foreclosures? I get notified about a foreclosure being assigned to me, but it takes weeks and sometimes months to finally get an assigned price.

Anyway, we all know it is a way to get leads.

Apr 09, 2012 01:02 AM
Roy Kelley
Retired - Gaithersburg, MD

Thanks for your feedback.  Real estate professionals in other states might want to post blogs about their rules, if any, on "Coming Soon" signs and advertisements.


Creeping Phlox, Kentlands Spring Flowers IMG_7826

Photograph by Roy Kelley using a Canon PowerShot G11 camera.

Roy and Dolores Kelley Photographs

Apr 09, 2012 01:05 AM
Ralph Janisch ABR CRS Broker
Janisch & Co. - Conroe, TX
Selling Northwest Houston to good people like you!

I think that rule may be good.  Too many agents really push the edge of the rules rather than play within them.

Apr 09, 2012 01:06 AM
Michael S. Bolton
Michael S. Bolton,Inc. - Zimmerman, MN
MN Appraiser

Good Morning Roy~I see this a lot for foreclosures, I'm wondering if there is a lag in getting signed listing agreements. I'm sure some agents are also trying to generate leads before it hits the MLS.

Have an AWESOME day!

 

Apr 09, 2012 01:15 AM
Dawn Crawley
Dawn Crawley Realty - Pinehurst, NC
Find Pinehurst Homes

This is true in our area as well. I don't think I have ever seen one of these signs here in Pinehurst. Hopefully that means that our local agents understand the real estate laws.

Apr 09, 2012 02:34 AM
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Roy, your title caught my eye.  Personally, I disagree with this guideline.  If the specific property isn't disclosed, just something like "coming soon, a great 3 bedroom home for sale in Montgomery County MD," then there's no harm no foul - of course there will be a great 3 bedroom home for sale coming soon.  However, if they say 123 Main street home coming soon, that is different.  Do they allow non-specific "coming soon" things?  Personally, I haven't seen much of that here, but I'm just curious if it's property specific or if generics can be used?

Apr 09, 2012 03:25 AM
Tony & Darcy Cannon
Aubrey and Associates Realty - Layton, UT
The C Team

Roy, It makes sense, but I would think that if the seller wanted to sell his house, he would sign the listing agreement from the outset!

Apr 09, 2012 04:22 AM
Roy Kelley
Retired - Gaithersburg, MD

Juli:  "You cannot advertise a property without having a signed listing agreement. You could be subject to regulatory charges."

Apr 09, 2012 04:42 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

I wouldn't be surprised if California becomes the next state to step in line with that law!  When you stop to think about it, that law makes a lot of sense.

Apr 09, 2012 10:39 AM
William Johnson
Retired - La Jolla, CA
Retired
Hi Roy, This is really interesting. Honestly, the longer I am in the business and see these things come up that are so clear a violation, where are the brokerages on these things? We keep saying that getting a license should be harder to obtain and yet year after year the discussion remains just that, discussion.
Apr 09, 2012 12:17 PM
Roy Kelley
Retired - Gaithersburg, MD

Good morning to all.  I appreciate your feedback.  Every real estate professional needs to be alert for changes in state rules and regulations.

Apr 09, 2012 10:56 PM
Roy Kelley
Retired - Gaithersburg, MD

It is sometimes a good practice to revisit old blogs and reblogs. We might even find some good ideas for current posts.

Apr 21, 2019 12:26 PM