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Can another agent contact my seller to determine when my listing agreement expires?

By
Real Estate Agent 0488515

According to Metrotex MLS rules if an agent ask you for the expiration date and you refuse to provide that information then yes they can. 

Here is what 22.04 has to say: 

22.04 Participants shall not solicit a listing which is currently listed exclusively with

another Participant. However, if the Listing Participant, when asked by another Participant, refuses to disclose the expiration date and nature of such listing, i.e., an exclusive right to sell, an exclusive agency, or other form of contractual agreement between the Listing Participant and the owner, the Other Participant may contact the owner to secure such information and may discuss the terms upon which the Other Participant might take a future listing or, alternatively, may take a listing to becomeeffective upon expiration of any existing exclusive listing.

Comments (10)

Deborah Byron Leffler BzyBee Real Estate Lady!
Keller Williams Realty Boise - Nampa, ID

That is interesting...I wonder if ours has that clause in it??  I have just always made it a practice to not talk to owners whose house is listed....unless they contact me first.   Then I explain that we have to wait...or they have to cancel their listing with the other agent!  

Jun 24, 2010 01:33 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Deborah,

Thanks for your comments.  It would be interesting if you mls has the same rule.

Jun 24, 2010 01:35 AM
Jennifer Dulmaine
Keller Williams Realty - Spencer, MA
Seth Campbell Realty Group

I was thinking the same thing Deborah...I almost remember this topic coming up during one of our continuing education classes...Richard thanks for sharing, Jen

Jun 24, 2010 01:42 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Jen,

Thanks for your comments

Jun 24, 2010 02:01 AM
Lorraine Sayer
Monument, Black Forest, Falcon, Fountain homes - Colorado Springs, CO
Realtor ABR,CDPE,GRI - Colorado Springs,CO RE/MAX

What disgusts me is that this issue has a ruling on it.  Have agents stooped to this level now to get business? 

Jun 24, 2010 02:52 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Lorraine,

Thanks for your comments.  If this were ever to come up I would just tell them when the listing expires then they would not be able to contact my client.

Jun 24, 2010 02:56 AM
Ricki Eichler McCallum
CastNet Realty - Corpus Christi, TX
Broker,GRI,ABR, e-Pro, TAHS

I think if a property is listed, another agent should never talk to the sellers.  You should talk to the listing agent only.  If the sellers call you, and ask for information from you, then it is allowed.   Only then.  Your MLS language is asking for trouble.  There are a lot of unscrupulous agents that will take that information and use it differently than it was intended.  It opens too many bad opportunities.

Jun 26, 2010 02:50 AM
Ed Newman
Alamo Infrared, LLC - Midvale, UT

Thanks for this great information, I will be sure to pass it on 

Nov 16, 2010 02:57 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Ed,

Thank you for thanking me.  I am happy to hear that you are going to pass it on.

Nov 16, 2010 05:38 AM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Actually this is also part of the NAR  Code of Ethics and always shocks the class when taught !

Feb 14, 2016 09:40 PM