I was looking for investment property the other day and ran across a FSBO storage facility, wrote down the number and called a few days later. The owner stated that the property was for sale and we did not need to "go through" the real estate company. I asked him to explain. He told me some kid (young agent) he knew wanted to sell his property and he said he did'nt care. The next thing he knew there was a commercial brokerage sign up that did'nt contain the young man's name and he was not familiar with the company nor did he sign anything. He also has other property FSBO that the same brokerage has listed on a national website without "prior consent". I know commercial property is subject to differnet rules and just wondering is this a violation of the Texas Occupations Code or The Real Estate License Act.

Your going on what the seller says.The seller really probably told them sure if you bring me a buyer I will pay a commission.As for your other things I couldn't tell you only to say commercial properties are not like residential ones and alot of rules do not apply to the commercial arena one being respa.The seller saying whether he didn't care or not shows he gave consent.

Personally I wouldn't do listings this way and wouldn't put a for sale sign out.Most of the time business and commercial property is sold without signs unless it is for a land project or outlet.The reason is if people see the owner is selling and there is a change of ownership it makes customer uncertian about the business and some leave decreasing sales and cash flow.

When I go talk to potential clients I just wear regular clothes as they don't want to give there customers notice they are thinking fo selling.

I agree with Super but I would also check with your state licensing board for specific answers about these matters. There are rules implimented by the local governing enity overseeing licensing as it pertains to advertising.

Thanks for the input Super and W/M. I agree w/Super about commish with a buyer. I thought it all smelled funny. I was trying to think what commercial property was not subject to or some kind of rule and Super "turned on the light"--->It's RESPA that commercial is not subject to. Thanks again!

Commercial might not be under RESPA but the state laws generally make no distiction between commercial and residential real estate. Real estate is real estate and my license just says "licensed real estate broker" not commercial real estate broker. And most states have very specific laws as to what establishes a legal contract between a seller and the listing broker.

In MA, I believe, there is nothing wrong with marketing someone's property without their permission. If I told a buyer that your house was or could be for sale, and didn't talk to you first, and then brought you an offer for $X, then where is the liability? You can turn down the offer or accept it.

The key here is, the agent marketing without permission has no contract with the owner either! He could spend a lot of time and effort and have someone (such as yourself) sell the property out from under him. It could be a smart way for that agent to get calls though- if the property is in a good location and can get a sign up....you never know what he'll sell because of that location.