First of all, let me say this is not about IDX or broker reciprocity. This subject is more about social media postings. Routinely I notice on online social media real estate marketing agents showing pictures of other agents listings, and Blog about the listing with all the details as if it were there own. I often wonder does the real listing agent know this is occurring. For a consumer if they look at the post quickly, it will appear as if it is the listing of the poster...it is not! That is very deceptive to the public and may violate state real estate license law, and or local MLS rules and regulation and the NAR code of ethics. State laws may vary but usually agents within the same brokerage company may do so if they have their brokers permission. Agents are not allowed in most states to advertise another brokers listing. In Georgia it is not allowed.* Before you act, it is always wise to check with your broker first, abide by all state real estate license laws, and the NAR Code of Ethics!
*It is now allowed, but with permission of both brokers.
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Jim- Godd reminders.... I wonder how many do advertise others' listings?
Jim, that is a very slippery slope ethics-wise and while it may be tempting, breaking the law isn't a good thing to do. I also see agents advertising without disclosing their broker affiliation.
Jim,
I agree. IDX is one thing, posting another listing is just wrong!!!! Seems weird, too.
Congratulations on post 1500! (That caught my eye!)
All the best, Michelle
I see it all the time on Craig's List. And it is not right. That being said, I see it here on ActiveRain, too! And by some heavy hitters, too . . .
Interesting post Jim. I have a "blanket" agreement signed with my two closest counter-parts belonging to my same franchise. Because we each use different web sites, we "share" some of the listings under this agreement. This increases our listing exposure for our Sellers.
While I have this in writing, on an acceptable Missouri Assoc. of Realtor form - the public does not know that.
Jim
Pretty deceptive when someone takes on another ones listing as they own. I for one think one could network more and get a liting of their own.
Not a good idea in Missouri. I would have a hard time letting someone else advertise my listing.
Dagny Eason Wilton and area of Fairfield County Real Estate (William Raveis) The sad thing it seems very common occurrence, and especially with higher end homes for sale.
Frank & Sharon Alters, CDPE-Short Sales Jacksonville-Orange Park-Fleming Island (Watson Realty ) I can only assume that those that do this do not worry about the temptation part! LOL!
Michelle Francis, Atlanta GA (Tim Francis Realty) Thank you Michelle! I did not notice that! BTW...I like your new photo! Looks great!
Richard Strahm (RE/MAX Realty Group - Harleysville, PA) Like I said it is a very common item...that is why I posted this. I wonder how many agents do not even know they may get into deep trouble~
Debbie DiFonzo - United Country VIP Realty, SW Missouri It is my understanding in GA, it has to be inside the same franchise. So I may (With brokers permission) advertise someone with in that franchise...I can not advertise another company affiliated with the same franchise. (Each office is independently owned and operated.)
Tom Braatz, Waukesha County Real Estate,WI (Re/Max Realty Center 262-377-1459) Tome some people stay up late at night working hard, while others that hardly work stay up nights figuring how to beat the system!
Kay Van Kampen, CDPE, Broker, Springfield Missouri Real Estate (RE/MAX Solutions) "Dittos!"
Hi Jim, I just finished take my MCE classes for my Brokers license here in Texas and it is against the code of ethics to advertise another agents listing in Texas as you describe here. We do have a search engine that allows folks to search for all homes in the Austin area but it's obvious that we are not implying the listings are ours!
BTW I love your comment in #13
Jim, I've asked myself this question many times, and I agree with you... it probably is crossing the line.
Russell Lewis, Broker,CLHMS,GRI (AvenueOne Properties, Austin Texas Real Estate) Russel, I've said it before some folks in our industry think they are innovators and creative while others just avoid doing the wrong things!
Margaret Woda, Maryland Real Estate Blog (Margaret Woda (Long and Foster, Crofton MD Real Estate)) Margaret, I agree with you!
WHO, WHAT, WHEN and WHERE?????
There is no question that a member of the NAR cannot advertise another broker's listings WITHOUT THEIR PERMISSION. However, before making blanket accusations of unethical conduct by other agents, one would have to be in a position to KNOW whether or NOT that agent has permission of the listing agent to include that listing agent's listings in their advertisements.
When I include another agent's listings on my web sites or blogs, i DO HAVE THEIR PERMISSION and, in fact, it is more than likely at the listing agent's request.. I also have permission and, in fact, am often requested by builders to feature their homes on my web sites. Further, I have many friends in the real estate industry and they know that my web site attracts a huge number of viewers. They WANT me to advertise their listings in hopes that I'll attract a prospective buyer and sell their model or inventory..
I have been maligned and even libeled by accusations that I advertise other agent's listings without their permission. Of course, the accuser is always anonymous. Fact is, the accusers never seem to understand the difference between IDX and the MLS. Nor do they know whether or not I have permission.
I was recently accused by an ActiveRain member in a comment to oneof my posts about copyright, of advertising others' listings "all the time", as the writer said. By the time we got to the bottom of her accusation, explanation, it was revealed that she didn't even know what IDX was. Yet, she was quick to accuse me of acting in a manner that violated the COE.
So, I would say that, while it's easy to make blanket accusations against fellow REALTORS, things are not always what they may appear. You have to KNOW that the writer doesn't have permission to advertise that listing. I DO HAVE PERMISSION!!
Jim I see the same thing when you see agents posting pictures they feel are lousy and making fun of the agent. A clear violation of copyright law.
Ha, Texas real estate law would not allow advertising another brokers listings, with or without permission.
Also the Texas Real Estate Commission has been gently reminding agents the listings and buyers belong to the broker and not the agent.
As soon as I push the submit button in our MLS I get hit with requests to advertise the listing. Then I started seeing ads for the #1 agent in a certain area. This agent's listings are not hers, I thought and when researched they weren't. I don't like deception!
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate Thank you Lenn. In Georgia it has to be with permission of both brokers not agent to agent. It used to be that it had to be in the same firm as the licensee, but that recently changed with IDX and broker reciprocity.
Bill Gassett Metrowest Massachusetts Real Estate (RE/MAX Executive Realty) I am not a big fan of that either.
Richard Weeks, REALTOR®, Broker Associate, GRI, ePRO, eAgent (Bill Griffin Real Estate) I think that is a good policy. Even the consumer believe the listings are the agents not the brokers. Each state should enlighten their licencees to that fact.
Paul Henderson, Realtor ® Lacey, DuPont or Hartstene Pointe WA. (RE/MAX Professionals & Four Seasons Inc.) No one does Paul.
Jim,
I think this is one of the back door approaches of less hard working agents to advertise self-accomplishment in our business. I think it's very distasteful.
Jim: there are a few agents in our markets that do this. Even though our broker allows us to market any listing by any other agent in our brokerage, currently about 84, I'm reluctant to do so.
Yeah Bill you are right, I would love to post a worst photo of the day blog but can't because of multiple reasons. I do advertise other agents listings in our office but all with permission.
I like to comment about other listings on tour day so that readers of my blog have a taste of what is out there. However, if I think a listing is overpriced or a bad house I do not talk about it. I do not put up enough info for anyone to think it is my listing.
Marcy
Go out and find your own business. There is plenty out there no need to steal some others listing.. Jim one can see how we go so low on the totem pole in public perception.
There are agents here that even advertise others listings in the magazines, I find most think that IDX gave a blanket permission slip.
520-1-.09 Advertising.
(3) Written Permission to Advertise. A licensee shall not advertise any property for sale,
rent, lease, or exchange unless the licensee has first secured the written permission of the
owner or the owner's authorized agent. Where such permission is granted, a licensee
advertising property that is listed with another licensee shall clearly and conspicuously
disclose that fact and the name of the listing licensee unless the listing licensee has
expressly agreed to waive those clear and conspicuous disclosures
Cherise Selley - Colorado Springs Realtor (Selley Group Real Estate, LLC) I have similar feelings also.
Matt Grohe Remax Des Moines (RE/MAX Real Estate Concepts) I have had some agents in my own office over the year advertise my listings with permission, but never another companies or agent's listings.
Spokane Washington Real Estate - Ross Quintana 509-362-1966 (Team Quintana Real Estate - Keller Williams Realty Lic#3015) Thank you Ross!
Marcy Moyer (Keller Williams) Thanks. I guess it is how it is displayed that makes the difference.
John Walters (Licensed in Slidell, Louisiana) (Slidell, Pearl River, Lacombe) There are always agents that will do this. They will even frame another companies website to get away with it.
Charles Stallions Real Estate 800-309-3414 Pensacola, Fl. Yes, but IDX is for IDX.
Have to admit that I was shocked when another agent advertised one of my listings in a Homes Magazine. That was the first time it had come up for me. Found out it is ok within the same brokerage, but a courtesy call would have been nice.
Joan....They are still supposed to ask you the listing agent first for permission! I would have chewed out my broker if he allowed another agent in the same firm without asking me first!
When I first started blogging, I did a "deal of the week" feature -- 80% of the time my listings were the "deal", but I was able to reach out and get written permission from the listing agent to include on my list of weekly bargains. I would send them the copy for the blog prior to posting and it seemed to go very well.
The downside was that it was VERY time-consuming, so I've put it on hold. :-)
KERRY LUCASSE - Your Intown Atlanta Real Estate Consultant (Keller Williams Peachtree Rd) LOL! Because there tends to be a lot of deals right now in Atlanta.