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Sep 26, 2023

Tick Tock on this trend

By CREB®

Does your marketing practice involve creating and sharing videos on social media? If you answered yes, you’ll want to read on.

We know the internet is full of innovative ideas, skill sharing and catchy trends. Searching out what’s relevant online is second nature in today's market to guide our next steps, especially with getting your name out there and expanding your sphere of influence. However, the latest marketing trend sometimes rises too quickly and burns out for good reason. 

Before you schedule a showing of another member’s listing to record any promotional material, you must have written permission from the seller’s brokerage and the seller. CREB® Rule Part II – 6.02 states:

“No Member may advertise the Listing(s) of another Member beyond the scope of CREA’s Bylaws and Rules without the written permission of the Seller’s Brokerage and the Seller.”

CREA’s bylaws and rules include the seller granting permission to distribute their listing through CREA data feeds if they list their property on the MLS® System. Because CREA’s conditions do not extend to print media, social or commercial websites, you must have the seller’s written permission to distribute any content using their property.

Sellers deserve to know how and where their listing is being shared, which brings us to the REALTOR® Code article 14:

“REALTORS® may only advertise a property if such Advertising has not been restricted at the request of the Seller and is in accordance with provincial and federal regulations.”

There is no way to know if a seller has restrictions on how their property is advertised unless the listing agent is asked. Listing agents also need the ability to verify if photos can be used outside of the MLS® System listing and related third-party websites, which could depend on what their photographer agreement states.

Listing brokerages also need to know how their listings are being advertised. Brokerages obtain listings under the Seller Representation Agreement, which contracts them to how and where the listing is advertised based on the terms within the Agreement. Looking at the REALTOR® Code again, article 14.1:

Listing brokerages may permit the Advertising of their properties by other brokerages when authorized in writing by the Seller to do so.

RECA also weighs in on advertising other brokerage’s listings in their Advertising Guidelines:

“Real estate professionals should not advertise listings from other brokerages without written permission and, if given, should not alter the online display or any informational part of the listing without written permission from the listing brokerage.”

Within these rules and guidelines, the pattern of practice to note here is permission. Members must obtain written permission from sellers and listing brokerages before creating promotional content using another member’s listing.

So, if you’re looking to start a trend that will stick around, how about one of the best practices? After all, a knowledgeable REALTOR® makes a more significant impact than a TikTok video.

Sources:

CREB® Rules - page 26: CREB_Rules.pdf (creblink.com)

REALTOR® Code - page 13: REALTOR® Code - Apr 2015 (crea.ca)

RECA Advertising Guidelines - page 25: Advertising-guidelines.pdf (reca.ca)


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