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NEW MLS POLICY 8.0 - Jan 1st

Within (1) one business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants.
Public marketing includes, but is not limited to, flyers displayed in windows, digital marketing of public facing websites, yard signs, brokerage website displays (includes IDX and VOW), email blasts, multi-brokerage listing sharing networks, clubs and groups and applications available to the general public.

Impact:
•    There will be clear guidance on limited exposure (off-market) listings
•    Efficient pro-competitive, pro-consumer marketplace
•    Transparency
•    Efficient compliance
•    Sellers will still have the option to “not” list the property in MLS
•    Sellers still have the right to “delay” mls entry for a short period, BUT under this new policy, the Coming Soon status would be used for this and NO PUBLIC MARKETING may take place; no showings, no syndication, no listing on other websites, IDX etc. Only MLS exposure to agents only.
•    Commercial and Lease category listings not affected. Only Residential.

Can Unlicensed Persons Perform Inside Sales? Maybe and Maybe Not

Brokers and sales agents often use unlicensed personnel for assistance in conducting their real estate brokerage activities. Such unlicensed persons, sometimes referred to as administrative assistants, can be of great help to a busy agent. However, care must be taken to ensure that the unlicensed person does not conduct any of the activities for which a real estate license is required. This article defines some of those activities which may and may not be legally conducted by unlicensed persons.

Sections 1101.351(a) and 1101.758 of The Real Estate License Act establish that it is a crime for an unlicensed person to engage in activity for which a real estate license is required. The broker or sales agent that employs an unlicensed person might be criminally charged for the crime as well. In addition, TREC may take disciplinary action against a broker or sales agent that pays or associates with an unlicensed person who engages in activities that require a real estate license. Authority for this disciplinary action is set out in Sections 1101.652(b)(11) and (26) of the License Act. For these reasons, it is important to distinguish between those activities that do and those that do not require a real estate license. Section 1101.002(1)(A) of the License Act sets forth a list of activities that require a license and are worthy of a close reading.

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