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Real Estate DiscussionReal Estate DiscussionReal Estate Dis...Real Estate Dis...State of Alaska...State of Alaska...foreclosure advertisingforeclosure advertising
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 5/11/2010 2:06 PM
 
I recently was ordered to pull pre-listed foreclosures from our co. website, we posted them as coming soon, so the public could preview what was coming on the market with the banks that we work for, other licensees were starting to take advantage of this for there future clients, I was quoted statutes...

(Per Alaska Statute 08.88.341 Listings or Management Contracts. “All real estate listings or management contracts must be in writing and must be signed by the broker or associated licensee of the broker and by the client or an authorized representative of the client for whose benefit the real estate licensee will act. All real estate exclusive listings or management contracts must have a definite expiration date that may be renewed or extended only by a written agreement signed by the client or the client’s authorized representative. “) &

(Per 12 AAC 64.130. Grounds for Revocation or Suspension. “The following acts, in addition to those specified elsewhere in this chapter, are grounds for revocation or suspension of a license:
…(6) advertising a property for sale, lease, or rent without first obtaining the written authority of the owner or the owner’s authorized agent to sell, lease, or rent the property.”)

We had them posted as coming soon not for sale & just the ones that we have, not any other licensees foreclosure', I would appreciate some feed back on this Real Estate Commission order

A Team Investments, LLC. Roberto Garcia/Broker/owner 201 E. Swanson # 7 Wasilla, AK. 99654
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 8/4/2010 10:38 AM
 

If the institution provided you with a set of properties which they would be asking you to list for sale AND they gave you written permission to advertise them as "soon to be listed", I am not sure why the AREC would care. You are providing a requested service to a client.

Since the primary purpose of the AREC is to 'protect the consumer', I question who is being served if you do NOT comply with the client's request.

Besides, the statute says "advertising for sale" ... according to your statement, they were not being advertised as "for sale" but in advance of availability for sale. Of course, if someone got their hearts set on a property that the institution decided not to market, you might have a problem.

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 10/4/2011 9:52 PM
 

Hi Roberto,

I just ask where does one draw the line? What is the difference between me getting say letters of intent to list from sellers and advertising them as coming soon then what you were doing? Or say marketing an unplatted subdivison befroe final approval. Let's just stick with getting real contracted clients and serve them instead sucking in more buyer prospects that can be converted to other available properties.

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Real Estate DiscussionReal Estate DiscussionReal Estate Dis...Real Estate Dis...State of Alaska...State of Alaska...foreclosure advertisingforeclosure advertising

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