12. 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 is 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. This timing allows for compliance with the current listing agreement.
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 statement is incorrect because knowledge of the existing listing does not inherently constitute a violation. The broker is allowed to communicate with sellers about future listings as long as he does not interfere with the current contractual agreement.
B) Yes, because as of July 6, he would be involved in a dual agency.
This option is misleading. Dual agency arises when a broker represents both the seller and a buyer in a transaction. In this case, the broker would not be involved in dual agency simply by proposing a listing that starts after the expiration of another listing.
C) No, because his proposed listing would not begin until after the other listing expired.
This option accurately reflects the situation. Since the broker's proposed listing is set to begin on July 6, a day after the current listing expires, he is not violating any regulations. This timing respects the existing contract.
D) No, because he procured the prospective buyer and would show the property after the other listing had expired.
While this option suggests that the broker's actions may be permissible due to the involvement of a prospective buyer, it is not the primary reason for compliance. The critical factor is that the proposed listing starts after the expiration of the existing agreement.
Conclusion
The correct answer is C, as the broker's proposed listing begins only after the expiration of the sellers' exclusive right-to-sell listing, which does not violate any rules. Options A and B incorrectly interpret the implications of existing contractual obligations, while D, although partially valid, overlooks the crucial timing aspect that makes option C definitive.