It’s pending! Woo – wait a minute.  State legal counsel clarified that a cooperating broker may NOT advertise another broker’s listing without their permission … and that includes a post sharing that a listing is pending, without the consent of the listing broker. (MLS Regulations) We’ve always explained that cooperating brokers need the permission of the listing broker to use their photos (which they do) but did not consider the notice of “sale pending” to fall under this restriction, but it does according to counsel.  “Section 2:12 A listing shall not be advertised by any Participant, other than the listing broker, without the prior consent of the listing broker.”

The code of ethics further states that prior to closing, a cooperating broker may post a “sold” sign only with the consent of the listing broker. After the sale, you can clearly claim to have sold the property, but you MAY NOT use the listing broker’s photos or text without their consent.  By the way, we’ve seen some fantastic pending posts where one agent gives kudos to the other agent on making the successful transaction, but it must only be with consent!! I apologize for any confusion!