3 Ensuring fair and equitable marketing

It is always in a seller’s interest to offer his property to as many prospective buyers as possible to optimize his chances of obtaining the best price and conditions based on his needs. Likewise, it is in the best interest of the buyer to have access to as many properties as possible to find those that best correspond to his expectations, at the best price and under conditions that are favourable to him.

The licensee must therefore:

• Advise his selling client to list his immovable with an information listing service; If he fails to do so, he is depriving his client of the chance to offer his property to as many prospective buyers as possible and to obtain the best price and conditions according to his needs. In cases where the seller himself asks that his immovable not be listed with an information listing service, the broker must inform the client of the potential consequences of this decision and document this discussion in the transaction record.
• List the immovable or enterprise on this service without delay, when you start marketing the property and performing the acts specified in the brokerage contract. These steps must be taken simultaneously.

Note that the broker cannot start marketing the immovable while delaying its listing on a listing service, even at the seller's request.¹

Exceptional circumstances may warrant delaying the marketing AND listing of the property for a few days. In this context, the standard clause 1.11 could be used to provide that the entire marketing (including listing) will begin at a specific time following the signing of the contract to allow for the verification of information or the preparation of the immovable for example.

Therefore, until the immovable is listed with an information listing service, the broker or agency is prohibited, among other things, from:

• Putting up a sign advertising the immovable;
• Advertising the immovable on any web platform or on social media (e.g. Facebook and Instagram);
• Advertising that the immovable will soon come up for sale;
• Providing information on the property to targeted prospective buyers;
• Providing information on the property to other real estate agencies or brokers, including those of his own agency or team², except of course to his co-lister, if applicable;
• Showing the immovable;
• Promising or “reserving” the immovable for the benefit of a prospective buyer.

Therefore, a real estate broker who has his selling client accept a promise to purchase before the immovable is listed on an information listing service has failed to meet his ethical obligations, including his duty to represent his client and to cooperate with other brokers.

He exposes himself to a complaint before the Discipline Committee and to sanctions that can go as far as the suspension or revocation of his licence.