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Brokers Must Have Listing Broker's Permission to Advertise Listings

By
Real Estate Agent with Coldwell Banker Vanguard Realty - 904-673-2308

This language is now on the front screen of the Multiple Listing Service when agents sign in.

 

"Please be aware that you must have the listing broker's permission in order to advertise their listings. IDX display of another broker's listings only applies to those websites owned by a member broker or agent and approved by NEFMLS. While you are free to advertise your own listings on any website, Craigslist or any other third party website does not qualify for IDX display."

 

 

Last week, there was a local agent advertising one of our listings on Craigslist in a Flyer with her photo at the bottom as if it were her own listing. It had been posted a couple of times a day for the last four or five days when we caught it. 

My first thought was disbelief that someone would so blatantly advertise another agent's listing as if it were their own. I called my Broker the next day and also called the Northeast Florida Association of Realtors. They took care of it. Apparently, we weren't the only ones being targeted. We would like to think that the agent was being spammed, but we never heard back from her or her broker with an apology, so it must have been on purpose.

In case you are thinking of advertising another agent's listing without their permission, just don't do it. It is an ethics violation and it is against the rules of the NEFMLS. We did not file an ethics complain against the agent, as this is the first time this has happened. If it happens again, that will be another story. 

 

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About the Author: Sharon Alters works with her husband, Frank. They are in the top 5% real estate agents for production in the Jacksonville Florida area, specializing in Military and Corporate Relocation in the Fleming Island, Orange Park, St. Johns, St. Augustine and Beaches areas. Their local knowledge can help Relocating Buyers find the perfect lifestyle, whether it is a Castle on the Ocean, or a Cottage in the Country. 

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Comments (51)

Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

Sharon, I personally don't have a problem with other agents advertising my listing, more power to them. More exposure my listing gets, faster I'll sell it. I've seen this on CL as well as FB, they don't say they're the listing agents, they simply advertise the home for sale. If that's how they find buyers..great! T and L are doing the same exact thing.

Jul 13, 2013 08:11 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

I see this on a regular basis on CL in our area.  Saw one yesterday where two different agents were advertising the same listing and NEITHER one of them were the listing agent or were following advertising rules.  Our associations could make a small fortune in fines if they just spent 15 minutes a day looking at CL.

Jul 13, 2013 08:45 AM
Jay & Michelle Lieberman
Keller Williams World Class - Agoura Hills, CA
Creating Calm in the Buying and Selling Chaos

Awful.  I might be able to stomach another agent promoting one of my listings if in fact it was combined with other listings in the area as part of a what is available for sale in a particular community.  And as long as the advertising stated that the properties may not be listed with that particular agent promoting it.

Jul 13, 2013 09:36 AM
Laura Allen, Lake Tahoe - Truckee Real Estate for Sale TahoeLauraRealEstate.com
Coldwell Banker Realty, Tahoe City, CA (530) 414-1260 - Tahoe City, CA
Tahoe Real Estate Agent Helping Buyers and Sellers

This is a great discussion and clearly agents have strong feeling about it both for it and against it!  It's all about the Craig's List ad class and how to generate leads from it.  We have an agent doing it and they have been careful to only use agents listings that are only with our broker.  Listing agents are mad when they find their listing on CL and the other agent didn't call and ask if it was okay, the broker could care less, and is allowing it - more money for them.

Jul 13, 2013 09:48 AM
Dee Toohey
Innovative Realty Solutions Group - Longwood, FL
Broker, ABR, AHWD, CIPS, FMS, ePro

I don't mind others marketing my listings.  I do mind when my listings show up on Craigslist by non realtors.  This happens with rentals all the time.  They then have prospects send a deposit and tell them they will mail the key.  This is quite frightening. 

 

Jul 13, 2013 10:35 AM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

Sharon,  I called an agent who was doing exactly the same thing but taking it one step further.  She copies and pastes the photos and verbiage from MLS.  She told me there was nothing wrong with what she was doing.  She is not part of our MLS but from a neighboring county.  

Jul 13, 2013 10:49 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

In Georgia it's against the law and not only do have to have the listing broker's permission you have to also have the owner's WRITTEN permission.

Jul 13, 2013 01:04 PM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

I give permission if asked. My job as a listing agent is to sell the property. What about Trulia and Zillow advertising your listings and then trying to sell you leads on your listings I have more issue with that.?

Jul 13, 2013 01:18 PM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Advertising someone else's listing without their permission or acknowledgment who the listing agent is is dishonest and a sleazy misrepresentation.  The MLS is a unilateral offer to compensate a cooperating broker, not permission to advertise their listings.  And can you imagine the confusion among prospective clients if all agents advertised every listing as if it was his own?  The MLS would probably disintegrate.  The listing broker and/or listing agent grant permission to T or Z and others with whom the MLS has a contract by voluntarily opting-in or opting-out of syndication.   And, as far as I know, T and Z or anyone else must show the real listing agent and/or office even if they do feature other (advertising) agents.  That's part of the contract with the MLS.  The weird part is I think agents will attract as many buyers by doing it honestly--get permission and show who the listing agent is.

Jul 13, 2013 02:17 PM
Jordon Wheeler
The Jordon Wheeler Group - Fairburn, GA
J W Group Real Estate Sales and Service

hi Sharon,

Interesting post.  I know that HUD allows us to advertise their listings even if not the listing broker  And there is the issue of Broker Reciprocity and IDX which allows everyone to advertise everyone's listings with note of the listing broker at the bottom of the ad.

Best of GREAT success to you this year!

Jul 13, 2013 04:06 PM
MichelleCherie Carr Crowe .Just Call. 408-252-8900
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

Like Jordon said, HUD allows any agent to adverise their listings. However, I'm shocked to hear people are trying to do this with other brokers' listings.

Jul 13, 2013 04:59 PM
Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

I had it happen to me again.  I got another postcard today in the mail, showing my listing as a pending.  People, you cannot put the address on postcards or mailers.  You must give acknowlegement to the brokerage that has the listing at the minimum here in CA. with a disclaimer that it cam from the MLS, etc.

Jul 13, 2013 05:58 PM
Cheryl Ritchie
RE/MAX Leading Edge www.GoldenResults.com - Huntingtown, MD
Southern Maryland 301-980-7566
I've got to use the GOLDEN RULE lingo in my marketing. Good idea!
Jul 13, 2013 07:49 PM
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

List and sell own inventory in a small rural market so no other agent to get feathers ruffled, no knickers in a knot.

Jul 14, 2013 12:08 AM
Jimmy Faulkner
Florida. Homes Realty & Mortgage - Wantagh, NY
The Best Of St. Augustine

Their are people who will fein I did not know, but they did know and would continue if they were not stopped. We have a lot going on in the industry and there are people who just enjoy taking care of themselves.

Jul 14, 2013 12:25 AM
Jeremy De La Garza
Corpus Christi Realty Group - Corpus Christi, TX
Corpus Christi, TX

I don't mind others advertising my listings with permission. Our MLS allows the idx feed of all members listings per MLS rules.

Jul 14, 2013 12:33 AM
Team Honeycutt
Allen Tate - Concord, NC

I can't quite understand why any agent would even want to advertise another agents listings as their own. That looks like the agent is not capable of getting their own listings to advertise. That's not too good of a recommendation for them.

Betty

Jul 14, 2013 01:24 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Lloyd, yes, this is definitely a modus operandi for this one, for sure.

Noah, this is not IDX. This is an individual ad of just one listing, with a branded flyer marketing this agent and our listing. 

Joe, there are some agents you don't want associated with your business becauase they do not have like-minded ethics, etc. This is a case in point. We operate entirely different from each other.

Ron, what is wrong with that is that our rules and ethics state that permission must be granted. And no apology has been given, by the way. 

Robert, don't know. I can tell you in private, but don't want to name names here.

Edward, this is an experienced agent.

Gary, sued by the listing agent? Wow. I guess multiple infractions would have to happen before anyone would go that far, but it's good to know that there are remedies beyond a slap on the hand for the incorrigible types.

Michael, sadly, it was not. It was someone who knew exactly what she was doing.

Chris and Dick, it's also about asking permission. I understand your point,

Ed, you keep up the great work too.

Richie, yes, some people major in the gray areas - always trying to see just what they can get away with.

Doug, do they ask permission?

Harry, that's what we did. My broker asked me to let him handle it, so I did.

 

Jul 15, 2013 11:48 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Edward & Celia, you have to be vigilant, that's for sure.

Suzanne, the word devious is perfect!

Chris Ann, yes, they likely would - but not without asking.

Laura, you are welcome.

Chuck, that's a good point. I will think about it.

Carla, this agent is not ethical.

Jon, in our MLS and Board, it is not allowed. It doesn't matter what Craigslist allows - I guess they are taking you back to the IDX on their site and claming that this is an extension of that, but our Board was very quick to quash it. 

Kelly, if it were an inexperienced agent, you could excuse it more.

Laura, that is why I pay to be a premiere agent so that I am the only one showing up on my listings.

lol, Jon, you are really thinking about this. There is a difference when you hand something to someone privately or email them and they are working with you. This is someone marketing to the public. Buyers we work with know we will be showing them properties of other agents - they can see the signs the minute we drive up.

Beth, if that works for you, that is fine. In this instance, I was not okay with it and that has to do with the person doing it.

Cindy, maybe we need to suggest they spend a little time over there daily. 

Jay & Michelle, that would be more general for sure. This was very specific.

Laura, our broker allows us to advertise any of our brokerage's listings without asking permission. But that doesn't mean that the listing agent doesn't get upset. One in our office confronted an agent and asked him not to advertise his listings anymore. Period.

Dee, that is fraud and it is scary. 

Elyse, someone who doesn't even acknowledge that what they are doing is wrong? That person needs a grievance to set them straight because apparently just talking doesnt' work.

Tammy, getting the owner's permission is a great idea. We don't have to do that here.

Bill, that is another discussion - and equally as controversial - actually more controversial.

Jordan, there are ways to advertise other broker listings - this is not one of them.

Michelle, some agents will try anything they can get away with, ethical or not.

Gary, there are a lot of agents who do not follow the rules about disclosing that listings are with other brokerages.

Cheryl, glad you liked it!

Andrew, well aren't you blessed :)

Jimmy, this one knew. No apology = they knew and got caught.

Jeremy, we also allow IDX, but this was not IDX.

Betty, this agent just wants more and more and more.

Jul 15, 2013 12:07 PM
Anonymous
Marsha Umansky

FOOD for THOUGHT.
Etrhical and Legal are 2 DIFFERENT THINGS. Please, do not brainwash me into beleiving that just because today something is legal it is also ethical.
In my jurisdiction up until recently it was perfectly legal to advertise other agents listings as long as the permission was given in the listing. I always gave that permission to other agents because it is in my client's BEST INTEREST to get as much exposure as possible (and isn't this a perfect definition of what should be ETHICAL?) I was always appalled by the agents (mainly from the big firms) that were rutinely denying this right to others at the expense of their clients and without getting their explicit consent. Isn't this a misleading practive?!
When this new rule was made a law, were the sellers consulted? So what makes this rule ETHICAL?!
Is everything, that is considered legal in pharmaceutical industry, ethical?

Sep 23, 2014 09:58 AM
#51