advertising of pending

Advertising Listings Only with Consent

We’ve fielded a few questions about what you can or cannot advertise:  Let’s start with another agent’s listing…  As part of an IDX feed displayed on your website search, you can included other agent’s listings as long as you agree they can include your listings in their website search. This blanket IDX permission does not give you the right to advertise anywhere else. (MLS Rules)  In fact, the Code of Ethics and MLS rules prohibit you from advertising any property without authority (listing broker’s permission). You can, however, advertise another agent’s listing WITH PERMISSION.  Just make sure you follow the agent’s requirements (which might be they be named) and your ad presents a clear and true picture to the consumer.

Now a home is pending with your buyer clients! Last year, state legal counsel clarified that advertising a pending would still require the listing broker’s permission … and that includes permission of the listing broker to use their photo (if applicable) AS WELL AS general consent to advertise before it’s actually sold (because technically it’s still on the market).  Prior to closing, a cooperating broker may post a “sold” sign as well, but only with the consent of the listing broker.

Now that it’s sold… The Code of Ethics Standard of Practice 12-7 is clear to say that only REALTORS® who participated in the transaction as the listing broker or cooperating broker (selling broker) may claim to have “sold” the property. But be sure that in any sold ad you are either using your own photo or have permission of the copyright owner (which may be the agent or the firm or the photographer).  You may NEVER 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!!