A salesperson is preparing a listing agreement for a commercial retail unit. The seller has provided specific instructions to include a clause restricting the marketing of the property to only specific online commercial real estate platforms and direct emails to pre-qualified investors, explicitly prohibiting its entry into the local MLS system. Which of the following is the most appropriate action for the salesperson regarding this request?

Question: A salesperson is preparing a listing agreement for a commercial retail unit. The seller has provided specific instructions to include a clause restricting the marketing of the property to only specific online commercial real estate platforms and direct emails to pre-qualified investors, explicitly prohibiting its entry into the local MLS system. Which of the following is the most appropriate action for the salesperson regarding this request?

Answer options:

• The salesperson must refuse to take the listing, as all listed properties in Ontario are legally required to be entered into the local MLS system. ✅ The salesperson can proceed with the listing, incorporating the seller's specific marketing instructions, provided these instructions are clearly documented in the listing agreement and do not contravene any REBBA 2002 regulations.
• The salesperson should advise the seller that while they can restrict MLS entry, statistics show this significantly reduces exposure and may lead to a lower sale price.
• The salesperson should only accept the listing if the seller signs a waiver acknowledging that the brokerage will not be liable for lack of exposure due to non-MLS advertising.

Correct answer: The salesperson can proceed with the listing, incorporating the seller's specific marketing instructions, provided these instructions are clearly documented in the listing agreement and do not contravene any REBBA 2002 regulations.

Explanation: While MLS provides broad exposure, a seller has the right to determine the marketing strategy for their property. A brokerage can accept a listing with specific limitations (e.g., non-MLS listing), provided these instructions are documented in the listing agreement and do not violate REBBA 2002 or ethical obligations. The salesperson must still fulfill their duties to the client given the chosen marketing approach.