1. Can the coming-soon advertisement go live?
An owner gives a broker verbal permission to advertise a home as coming soon. The listing agreement is still unsigned. When may the broker begin marketing the property?
- A. After recording the verbal permission in the file.
- B. After the owner and sponsoring broker sign the written listing agreement.
- C. After emailing an unsigned draft, provided showings wait.
- D. As soon as reasonably practical after the first advertisement.
Answer and why each choice works or fails
Answer: B. After the owner and sponsoring broker sign the written listing agreement.
- A: A file note does not replace the written listing agreement and required signatures.
- B (correct): This meets the seller-side timing and signature requirements. Coming-soon advertising still markets the property.
- C: An unsigned draft is not the executed agreement. Delaying showings does not stop an advertisement from being marketing.
- D: That imports the ordinary buyer/tenant timing language into the seller/owner rule. The seller agreement comes first.
Change the facts: The listing agreement is already executed, and an unrepresented buyer asks the listing agent about the home. Under subsection (i)(1), the agent may perform licensed activities for the seller with that buyer after giving written notice that the agent does not represent the buyer. That notice does not create buyer agency.