Part 3- Advertising Other Agents’ Listings

by | Jan 29, 2016 | Legal Tips

Today’s topic is part three of our discussion on advertising another agent’s listings.

This week I spoke at length with LLR about the Schiller Case that we have discussed the past two weeks.  Because the order was a consent order the fact pattern is very short so it is difficult to see what was driving this case. According to LLR the main issues that resulted in the sanction of the agent was his failure to identify the company of which he was affiliated.  His failure to do so made it seem as if he was the listing agent for the builder lots he was advertising.

The take away is if you want to advertise another agent’s listings you need to get written consent from that agent. If you work in the same agency you need to check with your BIC to see if your company has a policy on advertising other agent’s listing inside your company.

Secondly, it is imperative that you clearly denote the full name of the company with which you are affiliated.  This is also very important when you are part of a real estate team. For example, if you are part of the “The Smith Family Real Estate Team” all of your marketing must also include the name of the real estate agency that the team is affiliated.  You cannot just market in your team name.  LLR states they will crack down on this.

Lastly, several of you have asked how national websites like Zillow are advertising your listings without consent. I understand that when you agree to list your property with MLS you also consent to the MLS pushing your listings to these national websites.  The agents on this website are in the advertising banner and thus not being shown as the listing agent.

I hope this provides some clarity to a murky subject.

Historical Tip of the Week.  Pendleton Street was named after Henry Pendleton who was a Virginian who fought in the Revolution and remained in South Carolina after the war. He was a State House Representative and also a judge. Together with John Gervais, he argued for the state capital to be located in current day Columbia.  Pendleton County is also named for him.

Photo by Bohman

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