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Check your state regulations...there should not be for expired listings anywehre I would not think. If there are active listings that may be a part of a mailing list,find out the proper wording of a disclaimer that may be required to say that you are not soliciting an active listing.
Chris and Dick Dovorany
White Plains, NY
I am sorry to disagree with many answers here. The states in all of the states I have been licensed in and Nestor has been licensed in DO NOT care about agent to agent relationships. The state real estate commissions are set up to protect the public. To that extent, the only thing they oversee in marketing is that you are not false advertising or breaking any FTC rules, etc. They could care less about you marketing your services to an active or expired listing through a mail out. The body of organization that would care and that has the authority to do govern this is the ethics boards through NAR and your state and local real estate organization boards which is not the state government. Even in the code of ethics is specifically states that you as an agent are ALLOWED to AGRESSIVELY market to get listings. You are allowed to even speak to a seller who has his property listed with another agent IF that seller is the called you and you did not call him. If he calls you - you are allowed to answer his questions and even show him how to cancel his listing IF he asks you how. You can also farm. In farming there is NO ethics rule that says you can not send to active or expired listings. Putting a disclaimer that you are not seeking to list a listed property is more of a courtesy than a rule. What the NAR ethics rule DOES say is that you can NOT intentionally mail to just the active listings on a street or neighborhood. That is unethical. But if you mail to 200 homes in one neighborhood and 5 of them are actives, that you can do because you are doing a mass mailing and no ethics rule says you have to spend time weeding them out.
No rule that I know of, it's done all the time. Just remember one thing......do you sort your mail on top of the garbage can or do you read all of it? New agents can better get a kick start on their career by doing open houses for other agents and cultivate customers that way. If you do go to postcard route be sure to have a disclaimer at the bottom that you are not soliciting. Ask your broker for the correct verbage in your area.
Expireds are fine. With active listings you'd better have a disclaimer that says the card is not meant to be a solication if they are already listed with another agent.
Chris and Dick Dovorany
Nina Hollander and Sally K. & David L. Hanson gave you the right guidelines about your mailings. Include the disclaimer and you should be fine.
What is the "announcement" ???
That you're a new agent?
Are you soliticing business on ACTIVE listings? If so, that's a violation of the COE. Expired listings are expired. I don't think I'd be too likely to pick up the phone and call a new agent simply because I received their announcement. No one cares. And I would never announce I'm a new agent. SMH. What's the point in that?!?
Since you are new start out sending announcement cards to your sphere of friends and family first. Tell them your in business and then pick up the phone and call them. Stay away from Active Listings as you should not be mailing to other peoples clients? Expired are ok but not an area where a newbie should be spending time on as you do not have the experience to handle all of their objections nor do you want to be rejected by them . Stay positive and be creative with a plan of action.
If it is not against the law in my state. Like others have suggested you need to check you state and local regulations.
Chris and Dick Dovorany
Sally nailed this one!
You are not to solicit active listings. Expired are open game.
Thank you everyone for the great advice. I greatly appreciate it.
If you send your solicitation out as 'ANONYMOUS' where you can not be found, contacted or identified, there is no violation.
I serously doubt that is your intent.
This IS what you pay your broker for. Create an example of your 'announcement' then present it and your concern to your broker. If your broker is worth what you are paying, you will be advised how to optimize the response rate to your announcement.
Your concern is well placed, but unmerited. Advise offered by others should have put your concern to rest, but still leverage the knowledge and resources of your broker....PROVIDING YOUR BROKER IS NOT COMPETING.
Generally, NAR, State, and local real estate associations have such regulations.
I don't think there's any rule for expired listings (in Florida). Though, you can't specifically target active listings and this would be an issue. It's OK to send to a geographical area as a mass email and if active listings are included in this area it's not considered an issue.
Sally and Lise have given you good advice.
I think the advice from Sally K. & David L. Hanson is excellent. When in doubt always read the regulations or talk to your broker.