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#369495 - 03/10/11 10:02 AM Selling a home that is not yours..or you represent...
Dane Offline
Junior Member

Registered: 03/08/11
Posts: 4
Loc: S.Florida
is there any legal issues with posting a currently listed home for sale on your website or publication that you dont have anything to do with...
with hope that you can find a buyer for the home. then go to the realtor representing that home and work out a deal?

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#369498 - 03/10/11 10:18 AM Re: Selling a home that is not yours..or you represent... [Re: Dane]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
Originally Posted By: Dane
is there any legal issues with posting a currently listed home for sale on your website or publication that you dont have anything to do with...with hope that you can find a buyer for the home. then go to the realtor representing that home and work out a deal?

I think that in order to advertise Real Estate that you don't own, you'll find that you are required to be licensed. That's the whole reason why the Licensing laws were created; and doing so without a License is a criminal offense in most jurisdictions.

Some shysters, doing what you propose, will enter into a Contract to buy the property for themselves (as a straw man), and then sell their "rights" in that Contract to another party (Buyer), hoping to profit from the spread, and thereby circumventing the Law. So, you could take a chance, and defy the intent of the law; but that is always a mite risky.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#369499 - 03/10/11 10:42 AM Re: Selling a home that is not yours..or you represent... [Re: Vermont]
Dane Offline
Junior Member

Registered: 03/08/11
Posts: 4
Loc: S.Florida
i did mean being licensed...good info though thanks

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#369500 - 03/10/11 11:11 AM Re: Selling a home that is not yours..or you represent... [Re: Dane]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
1. ask your broker first
2. then ask the other agent if it is ok with them for you to advertise their listing.

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#369576 - 03/11/11 09:13 AM Re: Selling a home that is not yours..or you represent... [Re: Perky_REALTOR]
REODayton Online   content
Major Contributor

Registered: 07/27/06
Posts: 3699
Loc: Dayton Ohio
Depends on the agent around here. I never understood why an agent would be opposed to it, but some are. HUD homes can be advertised by any agent.

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#369584 - 03/11/11 10:05 AM Re: Selling a home that is not yours..or you represent... [Re: REODayton]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
Some agents and brokers are protective of their listings. Some of the brokers do not allow their listings to be displayed on IDX listings on other broker sites. Crazy huh?

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#369670 - 03/12/11 10:53 AM Re: Selling a home that is not yours..or you represent... [Re: Perky_REALTOR]
REODayton Online   content
Major Contributor

Registered: 07/27/06
Posts: 3699
Loc: Dayton Ohio
Originally Posted By: Perky_REALTOR
Some agents and brokers are protective of their listings. Some of the brokers do not allow their listings to be displayed on IDX listings on other broker sites. Crazy huh?


I think they want both sides of the deal. I often found my listings on other agent websites. I would send them my interior pics, just find a buyer. It worked for me (as the listing agent) also. I was able to show potential clients my connections.

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#369674 - 03/12/11 12:26 PM Re: Selling a home that is not yours..or you represent... [Re: REODayton]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
My broker's only concern is that they don't make any inaccurate or incorrect promises or violate some kind of fair housing rule with their advertising. Not sure if the listing broker could be held responsible for a "sub agent."

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#369750 - 03/13/11 05:40 PM Re: Selling a home that is not yours..or you represent... [Re: Perky_REALTOR]
Devil's Advocate Offline
Veteran Member

Registered: 01/03/05
Posts: 538
Loc: Ontario, Canada
Locally:

An agent (brokerage firm) is not permitted to advertised another brokerage firms listings without their written consent and the listing brokerage firm also has to have the prior and written consent of their client.

A buyer's agent looking for buyers did advertise another brokerage firm listings, having first checked with their local real estate board, who advised that they had no rule against it, but unfortunately, that was no defence with the regulatory authorities who successfully prosecuted the agent involved.

The regulatory authorities made it clear that they were not concerned with the rules of any trade organization.

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.

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#369751 - 03/13/11 05:40 PM Re: Selling a home that is not yours..or you represent... [Re: REODayton]
DueDiligence Offline
Veteran Member

Registered: 12/05/06
Posts: 1265
Loc: Wild Wild West
Originally Posted By: REODayton
Depends on the agent around here. I never understood why an agent would be opposed to it, but some are. HUD homes can be advertised by any agent.


Can you explain that in greater detail-- to the extent where, if any other agent advertises a HUD home listed by a HUD listing broker on his/her website or other venue-- does the name and contact info for the HUD listing broker have to be shown? Similar to how IDX listings appear? Or not.

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#369777 - 03/14/11 04:57 AM Re: Selling a home that is not yours..or you represent... [Re: Dane]
Downelle22 Offline
Member

Registered: 03/14/11
Posts: 12
Loc: New York City
If the owner of the property is your friend, no need to worry. Your only intention is to help the owner to find a client.

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#369786 - 03/14/11 08:58 AM Re: Selling a home that is not yours..or you represent... [Re: Dane]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
Oh. My. Lord.

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#369797 - 03/14/11 12:30 PM Re: Selling a home that is not yours..or you represent... [Re: DueDiligence]
REODayton Online   content
Major Contributor

Registered: 07/27/06
Posts: 3699
Loc: Dayton Ohio
Originally Posted By: DueDiligence
Originally Posted By: REODayton
Depends on the agent around here. I never understood why an agent would be opposed to it, but some are. HUD homes can be advertised by any agent.


Can you explain that in greater detail-- to the extent where, if any other agent advertises a HUD home listed by a HUD listing broker on his/her website or other venue-- does the name and contact info for the HUD listing broker have to be shown? Similar to how IDX listings appear? Or not.


HUD does not pay the listing broker. HUD pays who sales the listing. An agent can not list it on the MLS/IDX unless they are the listing agent. There are incentives to be the listing broker in charge.

HUD also has guideling on how agents (non-listing) must advertise with specific wording. Its all spelled out on the HUD.gov site.

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#369799 - 03/14/11 12:50 PM Re: Selling a home that is not yours..or you represent... [Re: Downelle22]
DueDiligence Offline
Veteran Member

Registered: 12/05/06
Posts: 1265
Loc: Wild Wild West
Originally Posted By: Downelle22
If the owner of the property is your friend, no need to worry. Your only intention is to help the owner to find a client.


Are you a licensed real estate agent or broker?

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