Legal Blog - Listings

  • Jan 29, 2021

    Advertising For-Sale-By-Owner Properties

    Many brokers are asking: “Can my firm advertise resales, vacant land and new construction properties that are for-sale-by-owner (“FSBO”) on our website without listing it in the MLS?”
  • Jul 8, 2019

    What Realtors® Need to Know About Expired or Cancelled Listings

    I have heard about services that will provide lists of recently expired or cancelled Bright MLS listings. What do I need to know to avoid violating our legal and ethical obligations?
  • May 2, 2019

    Best Practices for ‘Coming Soon’ Listings, School Ratings

    I’ve been seeing a lot of properties advertised online or on signs as “Coming Soon,” but the property is not in the MLS, and the listing agent is permitting showings. Is this legal, ethical, or a violation of the MLS rules?
  • Oct 28, 2016

    The Legal Definition of a Bedroom

    What is the legal definition of a bedroom? I have a listing for a condo in Fairlington Villages that the seller told me had two bedrooms. Upon visiting the condo I did confirm that the owner was using the "second bedroom" as a sleeping area...
  • Sep 30, 2016

    Counting Bedrooms and Kitchens

    A legal bedroom must have two ways to exit: one that leads to the rest of the home and one that leads directly to the outside.
  • Sep 27, 2016

    MLS Listing Photos

    Article 12 requires that Realtors® present a true picture in their advertising and real estate communications.
  • Sep 27, 2016

    Listing a Property as Available When It's Under Contract

    Sellers often place agents in compromising positions by asking them to take actions that break or skirt the rules. However, the sellers quickly disappear when the complaints are filed.
  • Sep 23, 2016

    Landlords with Really Bad Ideas

    A landlord wants to restrict the number of people who are able to rent his three-bedroom condo unit. Therefore, he instructs his Property Manager to advertise the property as "two bedrooms with a den". The Property Manager knows this is wrong and wants a reason why he can not comply with this request.
  • Sep 20, 2016

    How long can an agent have a Coming Soon sign up?

    How long can an agent have a Coming Soon sign up before entering the property into the MLS? Isnt it an illegal pocket listing for a Coming Soon sign to be up for more than 48 hours?
  • Sep 13, 2016

    Call Before Showing

    The authorization is often contained in the showing instructions of the MRIS listing. When an agent follows those instructions, he or she receives authorization to access the property.
  • Sep 9, 2016

    Right to Sell v. Exclusive Agency Listing Agreement

    An agent called with some questions about our NVAR standard forms. First, she wanted to know what the difference was between the "Listing Agreement - Exclusive Right to Sell" and the "Listing Agreement - Exclusive Agency" forms. She read both forms and said they looked exactly the same.
  • Sep 7, 2016

    Are Bidding Dates Proper in MLS?

    Standard of Practice 1-6 states, "REALTORS® shall submit offers and counter-offers objectively and as quickly as possible."
  • Sep 2, 2016

    Legitimate Teaser or Unethical Listing?

    If this is simply a case of the Seller needing to make additional preparations before any buyers are allowed into the property, then a coming soon sign would be appropriate.
  • Aug 30, 2016

    Who Owns the Listing?

    If a subscriber transfers from one broker to another broker, the listings do not automatically go to the new office with the agent.
  • Aug 26, 2016

    When an Old Practice Meets a New Business Model

    Under the Code of Ethics, a REALTOR® is required to ensure that the name of their firm is on all advertising that is done by the REALTOR®.
  • Aug 19, 2016

    What is Value Range Pricing?

    A Buyer Agent called me with a question about the remarks that were entered in a specific listing in the MRIS system. The remarks made a referenced to "Value Range Pricing." The Agent wants to know what that means.
  • Aug 16, 2016

    What About Listing Mobile Homes?

    A listing agent wants to "list" a mobile home for sale in the Metropolitan Regional Information System (MRIS). The broker is not sure if the mobile home qualifies as real estate and called me to find out if this is something that a licensed real estate agent can "sell"...
  • Aug 12, 2016

    To Tell or Not to Tell?

    The listing agent, Sarah, receives an offer from Ann-Lewise, the buyer's agent. Ann-Lewise's offer is a full price offer, all cash deal. Leslie, another buyer's agent, submits a second offer. She asks Sarah if there are other offers on the property. Sarah answers that she just received another offer. Leslie then asks for the terms of the other offer...
  • Aug 9, 2016

    Limited Service Limbo - What Rules Apply?

    I represent a buyer who wishes to make an offer on a property listed by a limited service broker. The seller is reviewing our offer and asking me many questions. May I answer his questions?
  • Aug 5, 2016

    What Happens to Listings When You Change Company?

    I am changing companies, and I currently have properties listed. What happens to those listings?