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How can I protect my self as a real estate agent when soliciting expired listings?

Los Angeles, CA |
Filed under: Real estate

If I conduct an expired listings search for 3 months back and yet some listings have re-listed and I send them out a mailer am I violating any laws? Should I cross reference the listing to see if it is currently active? What if I send out a mailer to an expired listing and the next day, when they receive the mailer, they have just re-listed on that exact same day, in this case am I in violation of any law? Is there a qualifier I can use to protect myself in these loophole situations?

Attorney Answers 1


  1. First, you should ask our broker/manager about your company policies on this issue. As a basic matter of efficiency, it makes sense to look up the old expired listing on the MLS database to see if it has been re listed so you don't waste money on advertising to those properties. If in good faith, you have merely sent out a general advertisement without the intent of interfering with an existing contract, and the existing listing is not impaired by your mailing, you have not done anything actionable as a matter of law. If you want to be sure your advertising is not misconstrued you can add a disclaimer to the advertising that it is not intended for homeowners' whose properties are currently listed.

    Richard A. Rodgers, Esq.
    SHANE, DiGIUSEPPE & RODGERS LLP
    200 N. Westlake Blvd., Ste 201
    Westlake Village, CA 91362
    (805) 230-2525
    rar@sd-attorneys.com
    www.sdresq.com
    Richard A. Rodgers, Esq.
    SHANE, DiGIUSEPPE & RODGERS LLP
    200 N. Westlake Blvd., Ste 201
    Westlake Village, CA 91362
    (805) 230-2525
    rar@sd-attorneys.com
    www.sdresq.com

    As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.

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