The SCR hotline and office number is 803-772-5206 and the lawyers’ emails are Byron and Austin and TPitts also the SCR CEO is a lawyer (Nick)
For the below, please realize that in the past, SCR has heard a lot of complaints from sellers and listing agents and listing brokerages about other licensees allegedly illegally and unethically posting their listings to social media.
Often the post might be unintentionally negative, say the listing agent paid a lot of money for professional photographs and the social media post photo is not as high quality as the professional photograph.
So, always try to analyze the upsides of posting which may or may not outweigh the negatives.
Typically, the complaining party is either the seller or the listing agent or the listing brokerage.
Sometimes the complainant is the professional photographer when the licensee cuts and pastes the professional photograph into their social media post.
Therefore, having written permission about what you intend to post (e.g., display to them beforehand) and then having clear written permission to post from all of them will help undercut any upset by the seller or listing agent or listing brokerage and therefore minimize complaints being filed against you at SCR and or LLR.
Sometimes, a competitor might file against you to create some issues for you.
Even a successful defense has a cost.
In 2024, the SC General Assembly updated the license law to help cope with the upset of sellers and listing agents and listing brokerages about other licensees allegedly illegally and unethically posting their listing information and photos onto social media:
(E)(1) A licensee may not advertise, market, or offer to conduct a real estate transaction involving real estate owned, in whole or in part, by another person without first obtaining a written listing agreement between the property owner and the real estate brokerage firm with whom the licensee is associated. However, the signature of the owner of real estate is not required for a sublease agreement involving real estate if the lease allows for subletting. Licensees not associated with the listing brokerage firm may advertise real estate owned, in whole or in part, by another person only if they have written authorization from the listing brokerage firm and acknowledge the listing brokerage firm in the advertisement in a clear and conspicuous way. Authorization may be contained and obtained from the owner through the listing agreement.
WARNING:
Some sellers are sensitive to photographs that may show personal issues/items or the photographs show home in less than a pristine state of housekeeping.
Some sellers are extraordinarily security conscious (e.g., they may have an active stalker, they may have small children, they may be paranoid).
Some sellers and their interior designers may be extraordinarily protective of their kitchen design.
These individuals may file complaints against you at SCR and or LLR. Only by having proper communications and written authorization can you help to minimize your risks.
What is the upside to you posting from someone’s home onto your social media? Maybe post from a different offsite location to help minimize your risks?
Defense to complaints is heavily fact-dependent, so could you raise a defense that the post did not identify the property in any manner and the kitchen/home design in the background was so generic that there is not intellectual property copyright protections attached, yes. Would the SCR ethics hearing panel and or LLR SC real estate commissioners concur with your defense? There is no way to forecast how these individuals might rule for or against you. They are like a jury, there is no guaranteed outcome.
Ensure that your BIC and your brokerage attorney approve of any posting of other people’s listings. Your brokerage attorney can draft the legal agreement between you and your brokerage and the listing brokerage/agent and seller to comply with the 2024 SC license law update.
Since MLS IDX data feeds to websites include the listing agent/broker’s photographs and will auto update with listing changes (e.g., price, status), there is less risk using the MLS IDX rules than merely posting on social media using your phone camera or cut and paste listing information/photographs.
NAR Ethics:
Standard of Practice 12-4
REALTORS® shall not offer for sale/lease or advertise property without authority. When acting as listing brokers or as subagents, REALTORS® shall not quote a price different from that agreed upon with the seller/landlord. (Amended 1/93)
Standard of Practice 12-5
REALTORS® shall not advertise nor permit any person employed by or affiliated with them to advertise real estate services or listed property in any medium (e.g., electronically, print, radio, television, etc.) without disclosing the name of that REALTOR®’s firm in a reasonable and readily apparent manner either in the advertisement or in electronic advertising via a link to a display with all required disclosures. (Adopted 11/86, Amended 1/16)
This information is only accurate as of 07/09/24. You must contact SCR for updates and changes to this information after 07/09/24 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.