Episode Details
Back to Episodes"Coming Soon" Listings Are Already on the Market — and Using Them Could Get You Sued.
Description
"Coming Soon" is a marketing fiction — and it may be costing your seller money while exposing you to lawsuits, MLS sanctions, and fair housing violations.
In this episode, Gary Pickren makes the case that a property marketed as "coming soon" has already arrived in the marketplace. The moment you post it on social media, send a text to another agent, or blast an email — that's marketing. And marketing without a signed listing agreement violates South Carolina law.
Gary breaks down exactly why "coming soon" is legally, ethically, and practically indefensible:
- SC law is clear: No marketing without a signed listing agreement — period
- MLS rules require listings to be entered within 24–48 hours of signing
- Offers must be presented the moment they arrive — regardless of "coming soon" status
- Restricting access raises antitrust concerns and potential fair housing violations
- Your fiduciary duty runs to the seller, not the brokerage — and limiting exposure reduces competition and likely the final sales price
- The SC Real Estate Commission has already issued guidance — ignorance is no defense
If you think coming soon is a harmless marketing tactic, this episode will change your mind. The same industry that said guaranteed MLS compensation "had always been done that way" just lost a $1.5 billion verdict. Don't make the same mistake twice.
This episode is required listening for every SC agent, broker, and team leader.
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Gary
* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.