Legal Alert: MLS Withdrawal
A property shown as “withdrawn” on MLS, not cancelled or expired, does not allow you to then contact the seller.
A “withdrawn” listing in the MLS does not necessarily mean that the listing contract between the seller and the seller’s agent has expired. Rather, it typically means that there is a listing agreement still in effect, and that the seller and seller’s agent mutually agreed to withdraw the listing from the MLS.
As a reminder, REALTOR ® Code of Ethics Article 16 provides that “REALTORS ® shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other REALTORS have with clients.” Moreover, Standard of Practice 16-4 states that, “REALTORS ® shall not solicit a listing which is currently listed exclusively with another broker,” and that the REALTOR may only contact the seller if the listing agent refuses to disclose the expiration date and nature of the listing, and only to secure such information and discuss taking a future listing.
Additionally, when calling a prospective client, always remember to check the do-no-call registry. The registry is maintained by the Federal Trade Commission and penalties for violations can be harsh.