This is a great question. And it’s something you need to know about if you’re even considering moving to a new brokerage.
An article by Margy Grant, Florida Realtors Legal Counsel, was recently published in the Florida Realtors Legal Update that gave out great information on this exact topic.http://www.floridarealtors.org/NewsAndEvents/article.cfm?p=1&id=340419
The article references both how to handle the legal documents; listing agreements, etc, and what happens in the MLS.
At ECAR, we follow the recommendations in the article to a T. The article says that in order to transfer your listings in the MLS to another brokerage, we must have written authorization from the designated broker of the listing office. And that’s exactly what we require.
If we don't receive the authorization to transfer the listings to your new brokerage, the listings are reassigned to the listing broker.
The authorization needs to give us permission to transfer the listings to another broker and must either give blanket permission for all active and/or pending listings, or specify certain listings by MLS or address (preferably both, as a backup).
Below is a list of what is acceptable as authorization:
- An email from the broker’s email address with the broker’s email signature,
- A printed letter, with the broker’s signature,
- A full private copy of the listing with the broker’s written authorization to transfer and signature,
- An email forwarded from the broker with the authorization by the office manager or office admin.
Here’s what will not work:
- Email from the office manager (and the broker has not previously authorized them to do this),
- Email from the office assistant, with the broker’s name typed in,
- A phone call from anyone,
- A copy of the legal document releasing the listings. While that covers your legal documents, it does not authorize me to change the MLS listing.
As Margy’s article says, once the listing in entered into the MLS, it belongs to the designated broker of the office. It can only be transferred or cancelled with permission from the broker.
Questions? Call us at 850-244-2411, or email firstname.lastname@example.org.
Susan Beck, MLS Director
Emerald Coast Association of Realtors®
Fort Walton Beach, FL
Santa Rosa Beach, FL