Can you offer services to another broker’s client?

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11/19/2015 | Author: Editorial Staff

A friend told me her neighbor is having a hard time selling his property, and he isn't sure he's satisfied with his current real estate broker. Is it ethical for me to contact the seller to offer my services?

Standard of Practice 16-4 of the Code of Ethics says REALTORS® cannot solicit a listing which is currently listed exclusively with another broker. However, if you contact the neighbor's current broker and he or she refuses to disclose the nature of their exclusive agreement, you can then contact the neighbor to get this information. You can also discuss the terms of a future listing agreement, or can enter into an agreement that becomes effective once the existing agreement expires.

Categories: Ethics
Tags: ethics, ethics q&a, code of ethics


Denise Askea on 12/28/2015

Some interesting comments posted here….any responses from the author?

sue barnes on 11/20/2015

Sorry, I don’t understand what you mean by “the nature of their exclusive agreement”  that the seller’s agent is required to reveal to another potential listing agent (if they were to ask).  Do you mean the listing agent is required to reveal all the details contained in the signed listing agreement, some of it, or what exactly?

Susanna Boyer on 11/19/2015

I have a situation where a couple contacted me about listing their house, but it was currently listed by another REALTOR.  They were not having good communication with the Realtor, and had the Realtor remove their sign and lockbox, and ask them to terminate the listing contract & remove from MLS & Realtor refused. They contacted the Realtor, the Broker and ABOR’s MLS about terminating the contract with the initial Realtor and taking it out of the MLS, but the Realtor will not do it.  According to a Webinar with Travis and a TAR attorney, a couple weeks ago, the MLS is supposed to remove it if there is a written request from the Seller. But ABOR’s MLS has refused. What can the Seller’s do??

Chris Copeland on 11/19/2015

What proof does it take to prove someone has violated this? I had one client who believe their home was worth more than the market. I got her to list the property with the agreement we would lower the price incrementally, which became like pulling teeth. Shortly before she fired me, the agent who now has the property listed, signed up to view the property. Just a few days later I was fired. I was never called by the Agent and I am sure the agent would say the client contacted her. My question is how much can a Broker or an Agent say or do when they are asked by potential, under contract with someone else? Can they go view the property and discuss their thoughts on the property with the client without contacting the other Broker.  If so, where does a Broker or Agent draw the line?

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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

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