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Laws Of Agency Fiduciary DutiesListing_agreementsEASY

A California seller tells her agent she wants to list her property but does not want it entered into the Multiple Listing Service (MLS). The listing broker is a member of the local MLS. Under California MLS rules, what must the broker do?

Correct Answer

D) The broker must obtain a signed written authorization from the seller to withhold the listing from the MLS

Under California MLS rules, if a seller does not want their property submitted to the MLS, the broker must obtain a signed written authorization (opt-out form) from the seller to withhold the listing. This protects both the seller and the broker by documenting the seller's decision.

Answer Options
A
The broker must enter the listing into the MLS regardless of the seller's wishes
B
The broker may verbally agree to withhold the listing without any documentation
C
The broker must terminate the listing agreement since all exclusive listings must be in the MLS
D
The broker must obtain a signed written authorization from the seller to withhold the listing from the MLS

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Related Topics & Key Terms

Key Terms:

MLSseller_opt_outwritten_authorizationlisting_agreements

Related Concepts

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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