50. Knowing that the sellers had a written exclusive right-to-sell listing with their listing broker that would expire on July 5, a broker from a different real estate firm contacted the sellers on April 20. At that time, this broker proposed that his firm list their property with the listing period to begin July 6. The broker had been contacted by someone who was arriving in the area on July 6 to look for housing. Was this broker in violation of the rules and regulations of the Missouri Real Estate Commission?
Answer: C
No, because his proposed listing would not begin until after the other listing expired.
The broker was not in violation of the rules and regulations of the Missouri Real Estate Commission because his proposed listing would commence only after the existing exclusive right-to-sell listing expired on July 5.
A) Yes, because he knew that the sellers had a written exclusive right-to-sell listing with another firm when he initiated negotiations with them.
This option is incorrect because, while the broker was aware of the existing listing, he did not violate any regulations by proposing a listing that would start after the expiration of the current agreement. Knowledge of another broker's exclusive contract does not preclude future negotiations once that contract has ended.
B) Yes, because as of July 6, he would be involved in a dual agency.
This option is also incorrect. The concept of dual agency applies when a broker represents both the seller and the buyer in the same transaction. Since the proposed listing would not begin until after the current agreement expired, there is no dual agency situation at play here.
C) No, because his proposed listing would not begin until after the other listing expired.
This option is correct. The broker's actions do not constitute a violation because he proposed a new listing that would take effect only after the exclusive right-to-sell listing expired, aligning with the Missouri Real Estate Commission's regulations.
D) No, because he procured the prospective buyer and would show the property after the other listing had expired.
While this option suggests a valid point about showing the property after the expiration of the listing, it is not the main reason why the broker was not in violation. The key factor is that the proposed listing would not start until after the existing agreement ended, making the focus on the timing of the listing essential.
Conclusion
The correct answer is C, as it accurately reflects the situation where the broker's proposed listing would not begin until after the existing listing expired, thus complying with the Missouri Real Estate Commission's rules. Options A and B misinterpret the implications of the current listing, while option D, although partially relevant, does not address the primary reason for the lack of violation.