I'm getting conflicting messages from two agents regarding using another agent's listing for advertising. One agent held an open house and she had prepared a booklet of other listings in the area. I mentioned that idea to another agent and he told me that it's not allowed unless all the listings were hers or her brokerage (I might have mistaken his answer because English is not his first language). I'm confused because then what is the "Ad" field for in the MLS listing? Are we only allowed to provide MLS listings printouts to clients?

I'm interested in having new listings in the area appear on my website. It would include the pictures, price, # of bedrooms, etc. and perhaps the agent's description?

Can someone elaborate on the scope of advertising someone's listing? For instance, are we allowed to distribute "Just Listed" postcards for properties that are not ours? I did not ask this question in the other forums in case there are minor differences.

Thanks and I apologize for the amaterish question
David

Certainly, David, no apology is necessary. Thanks for your post.

My suggested response: Answer would be related most likely to whether or not your MLS is Board owned and operated. If so, you will find the answer to your question in your Board rules and regs. The answer will differ area to area, as per Board impact.

Also: your franchise or local office, where you work, may have their own ruling on this topic, in which case your broker/manager or broker/owner would be the best one to pose this question to.

By answering in a general sense, the answer could put you and others in danger. Not trying to dodge your question.

If your drop-down list on broker loading a listing shows "N" for no, then that would indicate the answer to your question is a definite "no." That "no" does not just come from the listing agency office or the listing agent, that "no" is coming directly from the seller, as stated in the actual listing, in our home-base Board location, at any rate.
Hope this helps a little. Cordially,

"Going where tomorrow is - hope to see you there." Carolyne

Proudly putting my name to my work ~ CAROLYNE ~ Realty Corp.
Brampton real estate = http://www.carolyne.com

http://www.TechOrganizer.com = http://www.MyBackUpBook.com/

Great question. It is certainly not an amateurish question. I'll answer your questions in order.

Advertising listings at an open house. There should be no issue If you have an MLS printout with other listings and are displaying them or handing them out at the open house as a form of information for the buyer. This is of course subject to your brokers and boards rules and regs.

As for advertising listings on your websites. The answer is not so simple. Everything stems from your listing contract and the legislative framework, rules regs and all the other inhibitors that govern your market.

If your board has reciprocity agreements in place then it is more than likely you will be able to display other agents listings on your site as long as you conform with the rules.

There are other venues such as handshake agreements between agents like Point2agent has that allow you to advertise other agents listings. It will also depend on the authority given to you by your listing contract to advertise and market their property.

Forget discussing it amongst agents. Get the rules from your board and your broker.

Lastly. In our market you can advertise statistical information such as "new listing, elmwood, 3bdrms 2bath, ext...The address remains off unless its your listings...as it does when it sells and you send just solds. Solicitation guidelines from your board will have to be followed here. Hopefully someone from Treb can elaborate.

Thank you very much Carolyne and Sheldon for your responses! I'll speak with my broker and TREB about this issue.

Should I be able to find the rules and regulations through TREB's website?

I'm not a member of TREB, but with EREB and RECA we can find the rules and regs online.

We have just run in to this problem in the Niagara Association of Realtors. I am an avid Point 2 Agent website user and have just been told that we can't use the handshake agreements unless we have WRITTEN permission from the BROKER for each listing we want to advertise from another agent/company. This is according to our Board Regulations. I have been using Handshake for almost 2 years and will miss it terribly. It was a fantastic marketing tool. Agent Handshake is a great idea that allows much greater exposure for each property - it is a shame!

Thats a cop out by your board. They feel threatned or some non producing director did and felt that it was an issue when in fact it creates more exposure for their clients. Its protectionist bull**** and quite frankly its very american of them to make that kind of rule. I am sorry to hear that you and your clients will be deprived of the increased exposure handshake listings make.

The board should make a rule that the brokerage can opt in or out but can in it so desires make the decision for its brokerage on whether or not it will allow its agents to participate. My guess is you board is feeling particularly insecure.

Hi My name is Shelley Stancin and I am a New Realtor in Victoria BC. I moved from Sherwoodpark Alberts 5 years ago ,so hi to my fellow Edmontonians . I got my real estate license in August /06. Anyone that has any referals or if any realtor wants some informaton on property on the Island call me anytime.I work under DFH Real Estate we are the largest independent real estate company in Victoria.
250-474-3044
shelley@dfh.ca

Locally the Advertising another agents listing is prohibited, UNLESS there is written and informed consent of the seller and the sellers agent.

Agents who violate this prohibition are subject to prosecution by the regulatory authorities, which in our jurisdiction is the Real Estate Council of Ontario.

I suggest you visit their website http://www.reco.on.ca and look up their Complaints, Compliance and Discipline section and read the disposition of the Diane Campbell (2002) case and then the Bruno Luzak case from the RECO Hearing, to the RECO Appeal, and then to their Divisional Court Applications for Judicial Review, which cost each of them thousands of dollars.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult an attorney in the relevant jurisdiction to ensure accuracy before acting on this information .