Is It Legal To “Leverage Listings”?

Is It Legal To “Leverage Listings”?

Is it legal to advertise someone else’s real estate listing?

The answer to the above question is both, “Yes & No”.

Let’s start with “No” and why not first:

No, it is not legal to advertise someone else’s listing unless there is written acknowledgement form:

  1. a) The Seller authorizing his “Exclusive Agent” to engage other agents to market the listing outside the Exclusive Agent’s area of expertise;
  2. b) The Broker and the Exclusive Agent establishing that they have the permission to allow other agents to market the listing outside of the listing’s jurisdiction
  3. c) The provider of photographs or written advertising material who in general owns the copyright of his pictures, if applicable.

Then, of course, comes the “Yes:”

  1. a) If you use the GMA™ copyrighted agreements* which were created to allow someone else to advertise the Exclusive Agent’s listing. These agreements provide:
  • The Seller’s authorization to his Exclusive Agent to market and advertise his listing to the world
  • A professional service fee arrangement, which defines the split if another agent brings a buyer or brings another agent who has a buyer for the listing (“an Intermediary referral”)
  • Permission for the other agents to use copyrighted photographs and written advertising material.

*Only available if you have a GMA™ Certification. you have taken the training and passed the test.

 

Is it legal to advertise someone else’s real estate listing?

Even if the original listing Agent’s name is mentioned?

Even if the original Listing Agent’s Brokerage is mentioned?

Even if there is an agreement between MLS and allowing IDX or any other systems to use the

information regarding a certain or all listings?

Even with the “reciprocity law” that was created to allow other companies to use other companies’ listings, with the mention of the original Brokerage and Listing Agent’s name?

My answer is NO unless the Seller has provided written agreement to allow other agents to advertise his listing in the property listing agreement addendum.

Of course, if the Seller were asked, he would surely answer, “Yes” to the question:

Can the listing be advertised outside of the local MLS? But the question typically is not asked; and the Seller is signing an Exclusive Listing Agreement.

The solution is clear: Become a GMA™ Agent and use the agreements that were created for the GMA™ Certified Members. You will become a “Global Agent” and use Global Marketing Agreements allowing your Seller to give you the authorizations you will need in order to “legally market your listings to the world” and “legally borrow or share listings”.

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