Is it OK for one realtor to advertise anothers listing?

Asked by Maybe Baby, Discoverey Bay Thu Feb 7, 2008

This is really just to satisfy my curiousity...
I was on craigslist and saw a listing for a house in discovery bay
http://sfbay.craigslist.org/eby/rfs/561577637.html
and quickly recognized it from another site I had been looking at. It seems like the agent advertising it on craigslist is implying that it is their listing--but I know from the other site that it is listed with another realtor.

Is this a common practice? Is it ethical under whatever rules real estate agents are supposed to follow?

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Answers

11
Bill Schwent, Agent, Santa Fe, NM
Fri Feb 8, 2008
Maybe Baby,
I looked at your link and agree that, since the property is an REO (real estate owned) that it is probably listed with multiple brokers or with a broker in the same office and with the permission of the listing broker. Otherwise, it would be unethical since the ad does not present a "true picture" on the part of the advertising broker
Web Reference:  http://www.remax-santafe.com
1 vote
Pam Winterba…, Agent, Danville, VA
Fri Feb 8, 2008
In order to advertise another broker's listing you must have permission from the broker (ideally in writing) to CYA. If you do not have permission it would be an MLS violation and our code of ethics for not presenting a true picture.

No it is not a common practice. Many times new or careless agent may do this. Hope this helps.
1 vote
Catherine My…, Agent, Walnut Creek, CA
Thu Feb 7, 2008
It is against our MLS rules. We are not allowed to market or advertise any other brokerage's listings. Now if the agents are with the same brokerage they may allow it. However, you should be sure. Many agents have an IDX feed (Internet Data Exchange) on their sites, so you may see all active listings there and it may not be obvious who the listing agent is. It could be that the real listing agent is the craigslist ad, and the other site you saw it on an IDX feed.
1 vote
Bill Schwent, Agent, Santa Fe, NM
Fri Apr 18, 2008
Dear Maybe,

Here is the direct quote from our Code of Ethics:
Standard of Practice 12-4
REALTORS® shall not offer for sale/lease or advertise property without
authority. When acting as listing brokers or as subagents, REALTORS®
shall not quote a price different from that agreed upon with the
seller/landlord. (Amended 1/93)
I think we would agree that the "authority" to allow advertising by another broker would be from the listing broker.
Web Reference:  http://www.remax-santafe.com
0 votes
Lance Holtman, , 80138
Fri Apr 18, 2008
It would depend on your Commission's rules and regs it is different everywhere.

A crummy and unethical practice without permission, I would say.
0 votes
Jerry & Paul…, Agent, Brentwood, CA
Fri Apr 18, 2008
As long as you have permission from the broker/agent, it is ok. I have a connection in Montana, and we help each other and it seems to work well.
0 votes
Walstmnky, Home Buyer, 07093
Wed Feb 13, 2008
I think this is a common practice by less established agents to:

(1) help the listing agents (in the same brokerage, as mentioned earlier) advertize property through a number of internet sites, AND
(2) pick up potential buyers.

Obviously, the setup has to be within the rules AND approved by the listing agent. Beyond that, this seems like a win-win situation for all involved.
0 votes
Sylvia Barry,…, Agent, Marin, CA
Tue Feb 12, 2008
Another scenario is the an agent maybe holding a house open for the listing agent. With the listing agent's blessing, the agent can post the listing either in the newspaper or websites like Craigslist to advertise that property. However, if I was the listing agent, I would think they want to at least approve the ad ensure the quality and accuracy of the ad. We have listing agents who would not allow that to happen.

Each MLS, Brokerage, agent has their own policy; so as you can see, it is allowed in certain situations.

Sylvia
0 votes
John and Dia…, Agent, Brentwood, CA
Tue Feb 12, 2008
California Real Estate Law states that the listing belongs to the Broker, not to the agent. If the agent listing the property is in the office of the broker and the broker agrees, there should be no problem.
After all, the job of the Realtor/Broker is to sell the property of their client. How it gets done (as long as it is legal) really is not important. Getting the sale of the property completed is what drives any real estate broker.
0 votes
Marston Myers, , Brandon, FL
Fri Feb 8, 2008
There is one other option, this property is an REO, Bank Owned, and it is possible that it was listed with another Broker/Agent prior to it being owned by the Bank. The Banks typically have agreements with various Brokers that handle most of their properties in a given area and therefore the property is now represented by the Banks Broker of choice.

Other than that I believe Catherine's answer is the most likely case. It is getting harder to tell who the actual Listing agent is now that IDX (internet data exchange) is "sharing" data.

If you put a property on Craigslist though you need to be THE legal listing agent (or have permission) or you are violating MLS rules, Code of Ethics plus Craigslist rules.
0 votes
Michelle Car…, Agent, Coppertino, AL
Thu Feb 7, 2008
I have seen this a lot on Craigslist, especially. It CAN be OK--IF the listing agent gives permission. As a listing agent I want to be the first one they talk to, as I know more about it than someone else. That's the job the seller hired me to do.
0 votes
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