ORLANDO, Fla. – Dear Shannon: I’m a listing broker, and my website drives most of my business. My website is where I display my own listings and where I feature the listings of other brokers. I’m very careful not to present a misleading picture in my advertising, and that’s why I make sure to provide the name of the listing firm and contact information for any listings that aren’t mine.
I have never had a complaint filed against me, so I was astounded when one of the brokers, whose listings I had on my website, filed an ethics complaint against me saying that I had “deliberately and without authorization advertised their listing on my website and in so doing I was in violation of Article 12 of the Code of Ethics as interpreted by Standard of Practice (SOP) 12-4.”
During the professional standards hearing, I showed the panel examples of other Realtor® websites that provided links to sites with ads for other brokers’ listings. What’s the difference with providing links vs actually advertising other listings on my website? I’m diligent in providing the listing firm’s name and contact information for each listing that isn’t mine. Ultimately, I was found in violation of Article 12. I’m reaching out for help understanding this. — Don’t Get It.
Dear Don’t Get It: We frequently get questions about this. It can be upsetting to be found in violation of the Code of Ethics. When code violations are identified, the hearing process and any resulting discipline are intended to educate members about their professional responsibilities and expected conduct. Sounds like you were trying to do the right thing by providing attribution to the other brokers whose listings you had on your website. Proper attribution is important to ensure that information about other brokers’ listings is not misleading. Unfortunately, however, providing attribution doesn’t justify not getting permission to advertise other brokers’ listings. Let’s see what the Code says about this.
Article 12 of the Code of Ethics states: “Realtors® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. Realtors® shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional. (Amended 1/08)”
Article 12 requires Realtors to present a “true picture in their advertising” and “marketing.” You said that you were very careful not to present a misleading picture in your advertising. You made certain you provided the names of the other listing firms and contact information. This is important and seems to align with the requirements of presenting a true picture in advertising on your website. But this doesn’t quite address whether or not you need to get specific permission from the other brokers before featuring their listings on your website.
Standards of Practice (SOP) serve to clarify the ethical obligations imposed by the various Articles. Let’s take a look at SOP 12-4, which states: “Realtors® shall not offer for sale/lease or advertise property without authority. When acting as listing brokers or as subagents, Realtors® shall not quote a price different from that agreed upon with the seller/landlord. (Amended 1/93)”
SOP 12-4 prohibits Realtors from “advertising property without authority.” You said you showed the hearing panel examples of other Realtors’ websites where they were providing links to sites with ads for other brokers’ listings. You asked: “What’s the difference in providing links vs actually advertising other listings on [your] website?”
The difference is that providing a link to the listings of other Realtors doesn’t violate Article 12. By publishing other Realtors’ listings on your website, you were not linking — you were copying their listings. This means you were advertising without authority. You argued that the other listing broker’s seller probably would welcome the additional exposure. While this might be true, we cannot assume. Even if this were true, it isn’t relevant to the requirements under Article 12 as interpreted by SOP 12-4. And it doesn’t relieve you of your obligation to obtain specific authority and consent to advertise the other broker’s listings.
In conclusion, you did the right thing by providing truthful attribution, however you needed to obtain permission before advertising another broker’s listings. Keep in mind that this process should educate members about their professional obligations. The purposes of any discipline for unintentional violations should be to educate on expected conduct. Thank you for sharing your situation so that we can help educate fellow Realtors.
Inspired by Case #12-16, Copying and Publishing Other Brokers’ Listings. Other laws and rules may apply.
Shannon Allen is an attorney and Florida Realtors Director of Local Association Services
Note: Advice deemed accurate on date of publication
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