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
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