April 15, 2019 – Dear Anne: I’ve written a weekly real estate blog for many years. I tell local folks about new listings, pending sales and just-sold area homes.
Yesterday, for the first time, I received a scathing email from a listing agent. My very first nastygram! He’s hot under the collar because I devoted a few paragraphs to his listing. It’s a property on the historic register and has quite a history. I’m a bit of a history buff, so when something like this comes a long, I write about it. Who wouldn’t?
This guy is ticked because I described his listing, shared photos from the MLS and included a link to my IDX display for anyone who wanted to learn more. Quite frankly, I did him a favor by sharing this information with the public. It’s a unique property and will not be easy to sell.
He said I advertised his listing without permission, which is ludicrous. I just love writing about my community, that’s all. It’s not advertising – it’s a blog! I’m curious about what you think. Signed, Real Estate Blogger.
Dear Real Estate Blogger: I agree with the listing agent. Any time you write about active listings without consent or use another broker’s listing content, you’re courting trouble.
In the Handbook on Multiple Listing Policy published by the National Association of Realtors, Policy Statement 7.86 states listing content includes “but not limited to: photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information and other details or information related to listed property.”
And even after the listing sells, you still can’t use this listing broker’s listing content. It belongs to the listing broker, period.
Article 12 of the Code of Ethics says, Realtors must present a true picture in all representations, and that, my friend, includes your blog. You may want to visit NAR’s website and look up Case Interpretation 12-12. You cannot “promote” a listing that is not yours. Standard of Practice 12-4 of the Code says Realtors cannot advertise a property for sale or lease without the seller’s authority. Writing about this listing is a form of promotion.
This goes for active and pending listings as well. If you’re given authority from a seller’s representative or are talking about recently sold properties, there should be no question in the reader’s mind that it’s not your listing, even in a blog.
However, I don’t want to come across as a complete nay-sayer. MLS rules do permit you to advertise statistical data such as recently sold information – but you must include a notice like this: Based on information from the MLS or association, for the period (date) through (date). This pinpoints when a listing was sold, went pending or is active.
You can talk about the fact there are 12 pending sales within a subdivision, for example, without giving specific details about the property. But, that’s a column for another day. For more information on what this includes, I suggest you reach out to your MLS.
Sharing a link to the listing broker’s website or to your IDX display is another matter. Say something like, “Here’s a new listing in the neighborhood you will want to check out, click on this link to learn more.” Don’t use photos, etc., as a link because of the listing content rule. According to NAR’s Case Interpretation 12-15, links are a method of pointing or referring to another site.
As a word of caution, before you do anything like write a blog or have any other kind of hankering to advertise someone else’s listing, call Florida Realtors Legal Hotline and run your idea by our lawyers to see if you’re in for smooth sailing or choppy seas. (The Legal Hotline is a free service for association members.)