Question: I was recently contacted by a seller who would like to discuss possibly engaging my services to sell his property. The seller explained that he had the property currently listed for sale with another brokerage, but that listing agreement was expiring shortly. Am I permitted to meet with this seller to discuss listing his property?

Answer: Tread carefully here. The rules under both the Real Estate License Act (Act) and the Code of Ethics prohibit interfering with an exclusive brokerage agreement.  However, exceptions do exist in very limited circumstances that allow agents to discuss future brokerage services with a consumer. Section 1450.770 of the Administrative Code Rules to the Act allows for a licensee to discuss a possible future brokerage agreement with a consumer whose property is exclusively listed with another sponsoring broker or who is subject to a written exclusive buyer or tenant brokerage agreement only if:

A) The consumer initiates the contact; or

B) The following occurs:

i) The licensee makes a request in writing, mailed or emailed, to the sponsoring broker who has the exclusive agreement for the expiration date of the agreement between the consumer and the sponsoring broker who has the exclusive brokerage agreement;

ii) The licensee who has the exclusive brokerage agreement fails to provide a response in writing, mailed or emailed, within 10 calendar days;

iii) The information from the broker or sponsoring broker who has the exclusive brokerage agreement is not received within 14 calendar days; and

iv) The requested information cannot be obtained by the licensee from another source of shared broker information.

Standard of Practice 16-6 under Article 16 of the Code of Ethics provides similar direction for your scenario:

When REALTORS® are contacted by the client of another REALTOR® regarding the creation of an exclusive relationship to provide the same type of service, and REALTORS® have not directly or indirectly initiated such discussions, they may discuss the terms upon which they might enter into a future agreement or, alternatively, may enter into an agreement which becomes effective upon expiration of any existing exclusive agreement. (Amended 1/98)

You should be careful that the seller does not engage in a discussion or ask you how to break their existing listing agreement.  Under the Act, inducing a party to a brokerage agreement to break that agreement for the purpose of substituting a new brokerage agreement with a third party can be grounds for discipline. If the seller has questions or concerns about the terms of his existing brokerage agreement or asks you “How do I get out of this?” they should be directed to their own attorney for advice.