Can You Advertise Another Agent’s Listings?

by | Jan 15, 2016 | Legal Tips

Can a real estate agent advertise houses listed by another real estate agent on their website?

S.C. Code Ann. §40-57-135(c)(4) says:

A licensee may not advertise, market, or offer to conduct a real estate transaction involving real estate owned in whole or in part by another person without first obtaining a written listing agreement from the owner and when advertising or marketing in any medium including site signage, a licensee clearly shall identify the full name of the company with which the licensee is affiliated. Brokers-in-charge who are members of a multiple listing service must be allowed to make their company listings available for any cooperative marketing or advertising program, subject to the rules and regulations of the multiple listing service and with the consent of the owner. Consent may be contained and obtained from the owner through the listing agreement.

Therefore, an agent may not list another agent’s listings on their own website without a signed listing agreement. In September a Charleston agent was fined and publicly reprimanded for placing another real estate agent’s listing on his website without obtaining a written listing agreement from the owner.   Based on this case, please be careful in your advertising.

Today’s historical fact: Barnwell Street was named for John Barnwell. During the American Revolution Barnwell served in the South Carolina Provincial Congress and First Assembly. He was appointed General in the South Carolina militia after the war. He frequently served in the South Carolina Senate and was a member of the state convention to ratify the US Constitution.  Barnwell County is also named for him.  


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