Galway, Home Buyer in Boston, MA

do you need a real estate license to advertise MLS listings online?

Asked by Galway, Boston, MA Mon May 19, 2008

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4
No, you can do entry only where you pay a listing agent/agency either a set fee or some other payment method to advertise your listing and you handle showings FSBO-style.

Good luck!
1 vote Thank Flag Link Mon May 19, 2008
Yes you do, to be on the MLS you must be under a broker who your license will fall under. To have a MLS and As I stated you must be under a broker who he or she is registered with the MLS. By law you can not work with a broker with out your license if so it's call a kick back,
0 votes Thank Flag Link Wed Aug 18, 2010
Hi Gallway,

I’m thinking your question could be interpreted 2 different ways and there are some “technicalities”. Before I read the other posts, my understanding was you were asking if you could pull listings that are on mls and advertise them yourself if your not licensed. (I could just be sensitive to this happening though because someone just did this with my listings)….anyway the answer to that is no, unless you have an agreement with Mls, like Trulia and Zillow…or there is a direct clause in the agreement with that seller and their agent allowing you to do so, as the seller signs an “exclusive right to sell” agreement with their agent, and they are the only ones given permission to advertise…some one recently pulled my listings on mls and posted them on craigslist..mls responded very quickly, as they do not have a contract/affiliation and had the ads shut down immediately.

If you meant can you post a listing in the mls without a real estate license the answer to that is also no. (My mls anyway). You must be licensed and you must be listed and affiliated with a Licensed Broker’s subscription.

Regarding the post about the entry only listings, that’s more so where the “technicality” lies, because technically it’s the agency advertising for you under their own subscription, offering compensation to the buyers broker, but sending you the leads and leaving you to coordinate the transaction. See the rules and regs below and for more info, go to http://www.mlspin.com/rules_regs/search.asp


(d) REPRESENTATIONS AND WARRANTIES. By Filing a Listing, a Listing Broker shall be deemed to have (i) represented and warranted that, as of the Filing date, (A) the Listing Broker holds a current, valid real estate broker’s license issued by the appropriate state real estate licensing authority, agency or board, or its functional equivalent, in the state in which the Listed Property is located, (B) the Listing Broker and the Participant with which the Listing Broker is affiliated are in compliance with the terms and conditions of these Rules and Regulations, (C) to the knowledge of the Listing Broker, no other person has Filed, or has the right to File, a Listing with respect to the property identified in the Listing and (D) in an Auction Listing, (I) each of the Listing Broker and any individual Subscriber affiliated with the Listing Broker who, as agent of the Listing Broker, will conduct the Auction of the Listed Property is, and at the time of the Auction will be, an Auctioneer, as that term is defined in Section 13.0 below, and (II) all licenses, permits and consents, if any, required for the conduct of the Auction have been obtained and will remain in full force and effect as required in order to complete the Auction; (ii) re affirmed, as of the Filing date, the agreements, the representations and warranties and the completeness and accuracy of the information contained in the Participant Agreement/Application required to be submitted to the Service at the time Listing Broker first became a Participant in the Service; and (iii) represented and warranted that the Seller, if the Seller does not hold title to the Listed Property on the Filing date, has demonstrated to the Listing Broker that the Seller has received written authorization from the title holder of the Listed Property to File the Listed Property with the Service. For any Listing of the kind contemplated in the preceding clause (iii), in which the Seller does not hold title to the Listed Property on the of Filing date, the Listing Broker shall include in the Listing a disclosure that the Seller is not the title holder of the Listed Property and that the Listing is made subject to completion of the sale of the Listed Property to the Seller.


Best of Luck!
~M
0 votes Thank Flag Link Mon May 19, 2008
The actual answer is simply that MLS is a pay service that shares information between its members. Most real estate agents and licensees (as well as real estate attorneys and appraisers) are subscribers to the service and have access to the contents. MLS has a set of regulations that all subscribers must abide by. As long as you are a subscriber and you do not violate the regulations you have the right to post listings. When a listing is posted in the system you do have to acknowledge that as far as you are aware you have the right to distribute this information to the members.

Up until recently many people did not have access to the "shared" MLS data unless they were actively licensed real estate salespeople or a managing broker of an office. Now, with the growth of websites like Trulia and others(Boston.com, etc..) MLS has arranged, for the benefit of its subscribers to automatically distribute entered listings once the subscriber or their office opts in.

The important thing to know about MLS is it is simply a tool for real estate practitioners to share information in order to facilitate buyer agency, so many people who use it to "bypass" traditional brokerage find themselves somewhat disappointed. Many times people treat MLS like it is a "magic bullet" that leads to a sale, but quite frankly it's nothing more than an information resource.
Web Reference: http://www.gregkiely.com
0 votes Thank Flag Link Mon May 19, 2008
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