I'm not sure if its legal, so let me know if its not. I wanted to go door knocking to hand out flyers of some investment properties in my area (with other offices listings). I have heard that you can do this if you have a disclaimer that says that you are not the listing agent. Any advice would be appreciated.

It would depend on your local MLS regulations. In my area, you are not allowed to advertise other listings without the permission of the listing broker/agent.

Most smart agents would allow you to do it though; hey, I'd be thrilled if another agent spent time marketing my property. lol

Look at the disclaimer at the bottom of Help-U-Sell and Assist-2-Sell's flyers. They do it all the time...

Legal or not legal I think you should get permission from the listing agent before advertising their property. Like Perky said the smart ones will say yes.

Don't do it in Roseville! The police are cracking down:

"Door-to-door soliciting is unlawful in Roseville, unless the solicitors have a valid Roseville business license and have registered with the police department."

I often market resorts and neighborhoods - just not a specific property.

there is an agent in our area that repeatedly has sent me "listings" he is marketing. Of the few I found interesting and inquired on for more info it became clear that he was not in fact the listing agent at all...he simply had taken the marketing materials of the actual listing agent and stuck it on his company's letterhead and sent it out as his own listing, all in hopes that he would be able to get 1/3 of the pie at closing. I never saw a real listing that was genuinely his yet he never would disclose he was not the listing agent until it came down to higher level of details.

I'm not sure about doing it with printed flyers but certainly if the property is listed as being available on other web sites (IDX) it would seem that the listing broker has given at least partial commitment to having other agencies market the listing.

I encourage it - I LOVE it when other agents advertise my listings. I don't care WHO is responsible for getting it sold, as long as it sellls!

the reason you can't add your information to the description is because it is picked up by the IDX which other brokers display to their sites.

Of course it isn't part of the property description, but it makes it hard to take your listing as my own and display it if you have your contact info in the description.

It is always funny to look at a broker's website selling a home with a competitor's sign in the picture...

But like Auburn says, I encourge it, I was hired to sell the sell under any circumstances... The faster it sells, the better I look, the faster I get paid...

Yes, it's legal. This is exactly why IDX exists.

So why do some other agents get pissy? The very few times I've has other agents gripe about that, I asked, "aren't we supposed to get the client's property sold?" Their answers have been consistently that they don't want other agents to advertise their listings by anyone but themselves. WOW! As with the majority here, I'd be happy for all the exposure they might give my listings. I have considered metioning that I use every way possible to market a property in my listing presetations.

One of my ML services has a yes/no check off for permission to advertise, the other does not.

IDX is specifically for web site exchange advertising. That would imply, but not specifically authorize, being receptive to using flyers (as the question was stated) to promote other agents listings.

Some agents get pissy because they're just obtuse and short sighted.

Interesting note:
I knew someone who switched offices - they broke away from their original office to start their own office. They were on good terms with the original office. Until they got their website launched.

Then they DEMANDED that the original office remove all of their listings from their website. Now this was dumb for one specific reason; the original office had an online presence longer...and had established customers. Oh well.

Fast forward a years. They had an agent leave them to go to another office. The agent did take a listing with them...
but do you think they took his listing down since he was somewhere else?

Nope. Good for the goose but not good for the gander in action.

Under the NAR IDX rules, an agency can choose to have their listings displayed, through IDX, on other agencies' web sites (including their agent sites) or not.

If they opt to allow their listings to be displayed, then they can also display other agencies' listings on their site.

If they opt not to allow their listings to display elsewhere, then they cannot display the listings of other agencies.

It is a reciprocal structure. As Perky mentioned, it is essentially a "good for the goose" process.

The only limitation I am aware of is that an individual seller may opt not to have their listing displayed anywhere.

The problems come when an MLS doesn't enforce these rules consistently.

Now, marketing others' listings offline is an interesting topic. I know one key issue is whether the advertiser is presenting a true picture to the public, ie. they cannot imply that a listing is theirs when it is not. If not, in most states, that would be a form of misleading the public and therefore subject to discipline. One way to deal with this would be to place a disclaimer on your materials, something like this: "These properties may not be listed with the agent marketing them."

Another issue is that, in many states, an agent must have the affirmative permission of a seller to advertise. Merely because a listing is on the MLS does not give that kind of formal, direct permission.

Clearly the safest course is to have the permission of the seller's representative --- their agent.

Steve, you have gone in to much more detail (which is probably good) and I think you are right "on the money" making the distinction between IDX and other advertising.

Locally: Other agents are prohibited from advertising another brokers exclusive listing, UNLESS they have the written consent of both the listing broker and the seller. Further, other agents are prohibited from directly contacting the sellers of a listed property and all communications must be done through the listing broker.

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 a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .