NEVER TRY TO TELEPHONE POACH OTHER PEOPLE’S LISTINGS (NAR Code of Ethics and Federal Do Not Call laws and potentially lawsuits and SC license laws).
Article 16 Realtors® shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other Realtors® have with clients. (Amended 1/04)
• Standard of Practice 16-1 Article 16 is not intended to prohibit aggressive or innovative business practices which are otherwise ethical and does not prohibit disagreements with other Realtors® involving commission, fees, compensation or other forms of payment or expenses. (Adopted 1/93, Amended 1/95)
• Standard of Practice 16-2 Article 16 does not preclude Realtors® from making general announcements to prospects describing their services and the terms of their availability even though some recipients may have entered into agency agreements or other exclusive relationships with another Realtor®. A general telephone canvass, general mailing or distribution addressed to all prospects in a given geographical area or in a given profession, 11 Code of Ethics and Arbitration Manual business, club, or organization, or other classification or group is deemed “general” for purposes of this standard. (Amended 1/04)
Article 16 is intended to recognize as unethical two basic types of solicitations:
First, telephone or personal solicitations of property owners who have been identified by a real estate sign, multiple listing compilation, or other information service as having exclusively listed their property with another Realtor® and
Second, mail or other forms of written solicitations of prospects whose properties are exclusively listed with another Realtor® when such solicitations are not part of a general mailing but are directed specifically to property owners identified through compilations of current listings, “for sale” or “for rent” signs, or other sources of information required by Article 3 and Multiple Listing Service rules to be made available to other Realtors® under offers of subagency or cooperation. (Amended 1/04)
You interfering in a listing agreement between a seller and a brokerage could be a lawsuit against you and your brokerage.
Federal Do Not Call:
SECTION 40-57-710. Grounds for denial of issuance of license or for disciplinary action against licensee.
(A) In addition to Section 40-1-110, the commission may deny issuance of a license to an applicant or may take disciplinary action against a licensee who:
(24) engages in a practice or takes action inconsistent with the agency relationship that other real estate licensees have established with their clients;
Posted by: Byron King on 08/04/22 (This information is only accurate as of 08/04/22. You must contact SCR for updates and changes to this information after 08/04/22 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.