Mother, May I Post Another Broker’s Listing?

Note: this is a re-post of a popular post from last year. check out this post on how you can help us with this problem.

Posting a listing that belongs to another Agent on Craigslist is very much like the children’s game, Mother, May I?  You may not take the step if you don’t get permission from Mother, or the listing Broker. This requirement for permission includes not just Craigslist, but also your personal website, promotional displays, newspaper advertising, flyers and non-IDX sites like Facebook, Google, Postlets, Trulia, Yahoo and Zillow.

Mother May I - childrenSome make the case that additional postings give a listing more exposure, and that’s good for the Seller.  But ARMLS Rule (10.11 Advertising of Listings Filed With ARMLS), Article 12 of the Code of Ethics (specifically Standard of Practice 12-4 and 12-5) and the Internet Data Exchange  (IDX) Policy all require permission from the listing brokerage before advertising another Broker’s listed property.  Further violating ARMLS Rules concerning the posting of another Broker’s listing without permission is a violation of the ARMLS Penalty Policy.  The Arizona Administrative Code (R4-502. Advertising by a Licensee) cautions that all advertising contain accurate claims and representations and not create false or misleading impressions. If you include a link back to an IDX-enabled website, make sure you are abiding by all IDX Rules.

Agents who post information about another Broker’s listings should regularly review the posts for accuracy, and remove the post if the property is no longer Active.

There are plenty of listings now on Craigslist that are posted by Agents who are not the listing Agent. Care to share any experiences with postings of your listings by other Agents?

Comments

Archived Comments
Please use the Facebook Comment Box above to add new comments.
  1. Chris Webb

    This is why we would like to be allowed to have copyright watermarks on the photos we post on ARMLS. Too many listings and photos get hijacked by agents who post them on CL as their own. The ARMLS watermark doesn’t show who owns the listing, and is easily edited out.

    • ARMLS Social Media Team

      Chris, we can’t allow watermarks that identify the listing agent because that would allow a client to bypass their agent – it is rule 8.23. But we do have “ARMLS 2013” watermarked on all MLS photos. Watermarked or not, seeing your photo being used by another agent is a violation that can be reported to us.

  2. Matt Dunshie via Facebook

    You should post this more often.

  3. Brennan Johnson via Facebook

    what about stats or market reports where the properties address and features are used? Does the permission need to be in writing?

  4. ARMLS via Facebook

    There is no requirement for written permission for statistical or market reports as long as the guidelines in rule section 20 and 21.1 are followed (http://files.flexmls.com/az/20100730193534610365000000.pdf).

  5. Steve Gardner via Facebook

    There is an abundance of listings posted on craigslist by agents that are not the listing agent.

  6. David Dion

    Is it true that the rule regarding this was created decades ago and was a result of agents deceptively advertising listings that were not theirs, meaning before the age of technology, it was possible for an agent to advertise a listing and the public perception would be that the agent was the listing agent and would unduly benefit from such actions??? Think back to pre-internet – if an agent was to run a print ad for the public, it was likely that any consumer looking at the ad would assume the agent running the ad was the listing agent… This is now the internet age, where anything and everything is syndicated almost immediately… As a listing agent, is it not one of my jobs to present the property to the largest audience of qualified buyers? I would welcome others helping me accomplish this…

    • ARMLS Social Media Team

      David, great points, and many Brokers allow other brokerage’s agents to advertise. The key point is that the Broker gets to decide where their listings go.

    • Elaine Feroleto Costello

      Right on David, Great attitude!

    • Trude Wells

      I totally agree! All parties want it sold!

  7. David Dion via Facebook

    Is it true that the rule regarding this was created decades ago and was a result of agents deceptively advertising listings that were not theirs, meaning before the age of technology, it was possible for an agent to advertise a listing and the public perception would be that the agent was the listing agent and would unduly benefit from such actions??? Think back to pre-internet – if an agent was to run a print ad for the public, it was likely that any consumer looking at the ad would assume the agent running the ad was the listing agent… This is now the internet age, where anything and everything is syndicated almost immediately… As a listing agent, is it not one of my jobs to present the property to the largest audience of qualified buyers? I would welcome others helping me accomplish this… But it is OK for the data to be syndicated to portals like Zillow and Trulia and REALTOR.com just to increase traffic to their sites and in-turn sell the leads back to us agents… There are two sides to this, for sure – ABUNDANT and SCARCITY Mindsets…

  8. ARMLS via Facebook

    David, great points, and many Brokers allow other brokerage’s agents to advertise. The key point is that the Broker gets to decide where their listings go, this is especially true in syndication. Brokers choose which websites get their listings via ListHub.

  9. Dean Ouellette via Facebook

    Aar and armls should really get on the same page on this

  10. Erika Madsen via Facebook

    Amen Dean Ouellette

  11. Erika Madsen via Facebook

    AMEN also to David Dion….. it is time for us to STOP being dinosaurs!!

  12. John D Morgan via Facebook

    This would not be an ARMLS rule if not for being a NAR code of ethics standard of practice. This standard of practice is extremely outdated. What we are seeing now is typical hypocrisy, nobody was complaining about this when there were over 40 thousand listings on the market and they were begging for offers. Now there is a shortage of inventory and how dare you post my listing…. If it is a violation now it was then as well and nobody felt the need to report it. Everyone acts like it is an injustice to them to see there listings plastered across several mediums for the world of home buyers to see. You probably would not copy your seller on an email to someone telling them they are not allowed to market your listing and please take them down. Lets be real here can we? I have a great idea, lets have all those in favor of advertising each others listings get together and form a marketing coop. We will all flood the market with advertisements helping each other move their listings faster then the rest. Then those who are not in favor can tread water and explain to their sellers why their homes are not selling and the others in the neighborhood are. Go on a listing appointment and explain the difference of your marketing coop vs those brokerages who are not in favor and you can even tell them who will not be marketing like you because you have a list. Its ridiculous, we are all in this industry for the same reason. I pay my ARMLS dues, I pay my license fees, I pay for that data and should be allowed to use it any way necessary to get homes sold as long as it is not misrepresented in any way. This is a big issue across the country and I think its time for NAR to reevaluate their stance.

  13. David Dion via Facebook

    I think John Morgan has an amazing idea… Brokers willing to cooperate in marketing listings get together and form a dominant network of highly productive agents utilizing every resource to expose their listings to the largest audience.. Cooperative marketing will result in many more homes sold…

  14. Erin Goldbach via Facebook

    Arizona Administrative Code R4-28-502 does NOT say that a listing agent’s permission is required for another agency to advertise the property. What R4-28-502 Paragraph F does say is “F. A licensee who advertises property that is the subject of another person’s real estate employment agreement shall display the name of the listing broker in a clear and prominent manner.”

    http://www.azsos.gov/public_services/Title_04/4-28.htm

    This topic was also specifically addressed on page 3 of the Real Estate Commission Bulletin, Volume 2013, Issue 1.

    “Can a licensee advertise another broker’s listing ?
    If an agent wishes to advertise a property on which there is an existing listing agreement, he may advertise the
    property only if he/she clearly identifies the listing
    broker – the listing agent’s permission is not required.”

    http://www.azre.gov/Bulletins/Bulletin_05.13.pdf

  15. ARMLS via Facebook

    Erin, listings in ARMLS must also follow our rules found here: http://www.armls.com/rules/rules-and-regulations, which require permission from the Listing Broker.

  16. John D Morgan via Facebook

    Exactly why ARMLS should be on the same page as AAR.

  17. Erin Goldbach via Facebook

    You need to clarify the language in your blog then. ARMLS rule 10.11 only applies to listings Filed With ARMLS.

    10.11. ADVERTISING OF LISTINGS FILED WITH ARMLS. A Listing shall not be advertised by any Subscriber, other than the Listing Subscriber/Subscriber, in any medium whatsoever, without prior consent of the Listing Subscriber

    However, your blog is misleadingly vague, and the language used implies that your rule applies to any listing, found anywhere.

    With the proliferation of “pre-mls” listings due to the shortage of inventory, there’s no reason why one Agent could not, without the Listing Broker’s permission, advertise the listing prior to the Listing Broker placing the on MLS. Once the listing is on MLS, then, yes, I agree that rule 10.11 would apply.

  18. ARMLS via Facebook

    Erin, we felt on our MLS blog that readers would understand the context is within our MLS. Thanks for the feedback for next time.

  19. DesertGal

    As long as you have a disclaimer on your FB, etc pages that the listing may not be your own you are OK. I still don’t quite understand what all the fuss is about as you are helping the listing agent by trying to find a buyer to get it sold.
    As for watermarks, have a professional photographer do the photos with their watermarks. These look so much better than the shots the agents take which are so unprofessional, out of focus, wrong resolutiobn, wrong lighting, etc, etc.
    If anyone wants this photographer let me know and I can fix you up. Very reasonable to do this and have some great photos of your listings.

    • ARMLS Social Media Team

      DesertGal, “As long as you have a disclaimer on your FB, etc pages that the listing may not be your own you are OK” – Not true as ARMLS rules say:

      ADVERTISING OF LISTINGS FILED WITH ARMLS
      A Listing shall not be advertised by any Subscriber, other than the Listing Subscriber/Subscriber, in any medium whatsoever, without prior consent of the Listing Subscriber.

      .

  20. rasharooo

    We should have an option in the MLS to “opt-in” to allow other brokers to advertise. I’ve heard from Realtors in other MLS areas that this is an option.

  21. Shawn

    I was under the impression if a listing was advertised in the ARMLS that by itself was approval for other agents to advertise the listing as long as you have the name of the listing broker on the publication you initiate.

    • ARMLS Social Media Team

      Shawn, that is not correct. Through IDX, yes but posted elsewhere – you must have the listing brokers’ permission.

      • Mike

        Can I publish the IDX listing info with listing broker name on say a print ad or on another website without broker authorization or does it have to be IDX sites only?

  22. AZRealEstate

    So what is the ruling on a weekly postcard of a list of homes that have sold or active in my neighborhood? How does that different. Think back to years ago prior to internet and postcards and farming neighborhoods? Also, I have to agree with David Dion, internet has been a game changer. Syndication is an obvious option in my opinion and should not be opted out when inputting a new listing in the MLS, I hear that some brokers do opt out!! I never understood this. I am not eager to have to police my own listings but if you are a diligent listing agent, there are easy ways around this with google alerts etc. So again, more exposure, more success in landing a buyer for my clients. What about the use of a list of neighborhood homes again on print work?

  23. Paul Leonard

    I think this rule is very outdated and unconstitutional. The 1st Amendment of the US constitution allows U.S. Citizens freedom to write and speak what they want. I agree that there should be punitive action should the writings be inacurate about listings, but asking permission before you exercise your first amendment right bastardizes the entire essence and foundation of our great nation. Listings are already in the public domain anyway… why should Realtors be penalized for wanting to re-publish them for business benefit? The entire code of ethics needs a make over, so it reflects the sign of the times and does not bastardize Realtors consitutional rights. Some parts of the code of ethics are so remedial and offensive to business men and woman. I would rather see an element of higher education required to be a licensed Realtor and then do away with that code of ethics. If you improve the quality and education of the Realtor, then you would not need such juvenile rules masquerading for ethics. Another REALTOR code that bastardizes the business world is the fact that Realtors are not supposed to solicit other REALTORS’ clients. Whoever wrote that has never worked in the real world. Granted their are proper and improper ways of going about that. It is a little odd to me that is a rule. What country do we live in? Look forward to more disucssion on THE CODE!

  24. David Osborn

    This makes no sense to me.

    I completely agree with the idea that “Brokers should decide where their listings go.” But haven’t they already done that by checking the box that says they want to share listings freely?

    Why would you need to ask permission a second time from hundreds of individual brokers who might want to change their mind now that you want to link to their listings through IDX on a personal website? They may do this by opting out.

    • ARMLS Social Media Team

      David, if the listing data is coming directly from an IDX feed, they don’t need to ask again for permission. Say you post another Broker’s listings on Craiglist, then you would need permission, as an example.

      • Teri Sarmiento

        So to clarify your post, “if the listing data is coming directly from an IDX feed”: if I show the MLS listing itself, say on my website, then it’s ok, but if I completely recreates a listing in a non-MLS way, such as on Craig’s List or ePropertysites.com, then it is not allowed. Is that correct? What is the key difference? That one is essentially re-posting the original MLS listing and another is a recreation of a listing? And how is creating the listing on Craig’s list different if there is attribution to the original listing broker?

        • ARMLS Social Media Team

          The data must output through the IDX feed – through an IDX vendor, this is normally through an iFrame. Getting the data (other broker’s listings) from a feed and putting it on a website is different. You need Broker permission for that. There are IDX plug-ins that you can add to your website – http://www.armls.com/products/agents.

Leave a Reply