Can a South Carolina real estate agent solicit an active listing?

by | Jul 30, 2015 | Legal Tips

An agent ask me this week if South Carolina law prohibits an agent from calling and soliciting an active listing.

South Carolina Code §40-57-145(22) says you may not induce a party to break a contract for sale or lease, listing agreement or buyer agency agreement. Soliciting an active listing would be inducing someone to break a listing agreement and is therefore, prohibited. Note that the law also prohibits you from inducing someone to break a rental agreement and attempting to get a buyer under an agency agreement to work with you.

You should always inquire whether or not the person is already working with an real estate agent before engaging in a substantive conversation with the consumer. If the consumer confirms they are represented, do not have any further discussions with the consumer until that relationship is properly terminated.

Photo by See-ming Lee SML

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