For starters, then, you should check and see if there's a For Sale sign or a listing in the multiple listing service and ask sellers if they are subject to a current
exclusive representation agreement with another real estate broker.
Some sellers might be unsure or confused about the status of an earlier listing agreement or for some reason might not disclose the existence of a current,
valid exclusive representation agreement, but you still have the obligation to try to find out.
Connecticut appellate court affirms lower court commission award to a real estate professional when the client
violated exclusive representation agreement by buying a property while working with another licensee during the term of both representation agreements.
Donny Smutz is an up - and - coming surrealist artist who recently joined
an exclusive representation agreement with Tinney Contemporary.
The Hearing Panel did not agree with REALTOR ® B's defense, noting that REALTOR ® B's curiosity or desire to enhance his listing presentation skills did not justify continued contact with a potential seller - client after that seller had entered into
an exclusive representation agreement with another broker.
The second paragraph of Standard of Practice 16 - 13 guides you on this score: «REALTORS ® shall not knowingly provide substantive services... to prospects who are parties to
exclusive representation agreements, except with the consent of the prospects» exclusive representatives or at the direction of prospects.»
You should ask prospects whether they're a party to
any exclusive representation agreement.
What constitutes
an exclusive representation agreement, as defined in Code of Ethics Standard of Practice 16 - 13?
«Before providing substantive services (such as writing a purchase offer or presenting a CMA) to prospects, REALTORS ® shall ask prospects whether they are a party to
any exclusive representation agreement.
The second paragraph of Standard of Practice 16 - 13 adds, «Before providing substantive services to prospects, REALTORS ® shall ask prospects whether they are a party to
any exclusive representation agreement.
REALTORS ® shall not knowingly provide substantive services concerning a prospective transaction to prospects who are parties to
exclusive representation agreements, except with the consent of the prospects» exclusive representatives or at the direction of prospects.»
The real story: Standard of Practice 16 - 7 makes it clear that once
any exclusive representation agreement has expired between you and a client, it's completely acceptable for any other real estate practitioner to solicit that client's business.
Under this provision, before providing a substantive service, such as writing an offer or presenting a CMA, you must ask prospects whether they have
an exclusive representation agreement with another salesperson.
If that were the case, the situation might fit into the exception stated in Standard of Practice 16 - 13: «REALTORS ® shall not knowingly provide substantive services... to prospects who are parties to
exclusive representation agreements, except with the consent of the prospects» exclusive representatives or at the direction of prospects.»
It goes on to say «REALTORS ® shall not knowingly provide substantive services concerning a prospective transaction to prospects who are parties to
exclusive representation agreements, except with the consent of the prospects» exclusive representatives or at the direction of prospects.»
It also states that a REALTOR ® must ask prospects if they're subject to
an exclusive representation agreement with another salesperson before providing a «substantive service.»
If you'd had
an exclusive representation agreement, you could've looked to Article 16 for protection.
In addition, a new provision in Standard of Practice 16 - 13 requires you to ask buyers whether they have
an exclusive representation agreement with any other broker before you provide any substantive services, such as writing an offer to purchase.