Question: May I share another agent’s listing on my social media accounts? These would be listings from agents within the same brokerage but also from outside brokerages.

Answer: Yes, with consent in the same brokerage and no, without consent outside of your brokerage.

Article 12 of the Code of Ethics states that REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing and other representations. Standard of Practice 12-10 prohibits REALTORS® from presenting content developed by others without either attribution or without permission. If posting another agent’s listing from within your same office, I would recommend reviewing your office policy to see if it addresses sharing listings on social media. Even if you are allowed to do so by office policy, I think the best practice would be to obtain permission from the agent and to make sure that the listing is properly attributed to that listing agent and/or team.

If the agent is NOT in the same office, permission must be sought under Section 1450.715 of the Rules to the Real Estate License Act which states as follows:

a) Deceptive and misleading advertising includes, but is not limited to, the following:

….1) Advertising property subject to an exclusive listing agreement with a sponsoring broker, other than the licensee’s sponsoring broker, without the permission and identification of the sponsoring broker with the exclusive listing…”

The sponsoring broker may also need their client’s permission to allow the listing to be shared by another brokerage’s social media. Proper attribution must be provided to the listing agent/team and the other sponsoring brokerage company. Will the ordinary consumer misunderstand the posting and believe it to be your own listing? Or have you made it clear that you are not the listing agent? Sharing another company’s listing on a social media platform is not covered by your MLS’s IDX policy where you are allowed to include the data feed on your own or your company’s own website. Be sure to review these rules, too.

Question: I was recently informed that the property management agreements that I have in place were missing the ‘anti-discrimination’ language. Is this required under the Real Estate License Act?

Answer: Yes, each brokerage agreement and listing agreement (including property management agreements) must include a statement confirming that it is illegal for the owner or the licensee to discriminate based on a protected class under the Illinois Human Rights Act. Here is Section 1450.770 g) of the Administrative Rules to the Real Estate License Act:

“Each brokerage agreement shall clearly state that it is illegal for either the owner or any licensee to refuse to show, display, lease or sell to any person because of, race, color, religion, national origin, sex, ancestry, age, marital status, physical or mental disability, familial status, [immigration status, source of income] pregnancy, sexual orientation, including but not limited to gender identity, unfavorable discharge from the military service, military status, order of protection status, an arrest record, or any other class protected by Article 3 of the Illinois Human Rights Act.”

Article 3 of the Illinois Human Rights Act prohibits discrimination in both residential and commercial real estate transactions based upon the following: Race, Sex, Age (40 and older), Color, Sexual Orientation, Military Status, Ancestry, Marital Status, Unfavorable Discharge from Military Service, National Origin, Pregnancy, Arrest Record, Religion, Familial Status (families with children under 18 years old), Source of Income, Disability, Order of Protection Status and Immigration Status.