Section 4.3: Solicitation Of Property Entered Into The Service

Solicitation Of Property Entered Into The Service

Participants shall not solicit a listing on a property entered into the Service unless such solicitation is consistent with ARTICLE 16 of the REALTORS® CODE OF ETHICS, its STANDARDS OF PRACTICE, and its CASE INTERPRETATIONS.

NOTE 1: This Section is to be construed in a manner consistent with the CODE OF ETHICS STANDARD OF PRACTICE 16-4.  This Section is intended to encourage sellers to permit their properties to be entered into the Service by protecting them from being solicited, prior to expiration of the listing, by brokers and salespersons seeking the listing upon its expiration.

Without such protection, a seller could receive hundreds of calls, communications and visits from brokers and salespersons who have been made aware by a filing with the Service of the date that the listing will expire and desire to substitute themselves for the present broker.

This Section is also intended to encourage brokers to participate in the Service by assuring them that other Participants will not attempt to persuade the seller to breach the listing agreement or to interfere with their attempts to market the property.  Absent the protections afforded by this Section, listing brokers would be most reluctant to generally disclose the identity of the seller or the availability of the property to other brokers.

This Section does not preclude solicitation of listings under the circumstances otherwise recognized by the STANDARDS OF PRACTICE related to ARTICLE 16 of the CODE OF ETHICS.


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