Property Listings

A property listing is the information an agent or brokerage uses to market a property for sale or lease. It typically includes the property’s address, price, photos, features, description, and other important details that help potential buyers or renters decide whether they are interested.

All listings must be taken in the full legal name of the appropriate CRIM Realty entity and remain the property of the Company. All listings are subject to CRIM Realty approval.

Listings Acceptance

Agents are encouraged to obtain Exclusive Right to Sell listings. However, as Independent Contractors, Agents may choose to accept other types of listings at their discretion. Agents are strongly encouraged to consult with the Broker before accepting any non-exclusive listing agreement.

All expenses related to the marketing, advertising, and servicing of a listing, regardless of the type of listing agreement, are the sole responsibility of the Agent.

A listing is the property’s advertisement for the real estate market.

Obtaining and Managing a New Listing

When obtaining a new listing, the Agent should follow these guidelines:

MLS System

• Enter the listing information into the appropriate MLS system(s).
  
  
• If it was previously listed, do not assume that information in the system is accurate or current.
  
  
• Check all details, especially if the owner seems unsure of the information, or if there is a potential problem area.
  
  

Legal Description

• Make every effort to secure a copy of the legal description (from the Warranty Deed) at time of listing, and a copy of the last survey, if available.
  
  
• The Plat Book and page number requested by the listing service (if applicable) come from the legal description and refer to the book in which the plat is filed in the appropriate county records.
  
  
• Square footage should never be quoted or published without the following or similar disclaimers being used in conjunction: “Approximately”, “according to county tax records”, “buyer should verify these figures for themselves,” etc. The Agent should never represent that he/she knows the exact square footage as it could result in a misrepresentation. Though it is infrequently mentioned, it is not illegal to quote square footage in Georgia.
  
  

HOA Docs

• Request a copy of any community association guidelines, memberships, condominium documents, etc. from the Seller.
  
  

Signed Disclosure Statements

• Have the Seller(s) complete and sign the appropriate Seller’s Disclosure Statement and any other disclosures required by the State and/or listing services, as well as any CRIM Realty Disclosure Document and/or Agreement.
  
  
• Even homeowners selling their homes “As Is” should complete a Seller’s Disclosure Statement. Some of the additional disclosure documents or agreements are:
  
  1. Seller’s Listing Agreement (preferred Exclusive Listing Agreement).
  
  2. Seller’s Property Disclosure Statement (even if property is being sold in “as is” condition).
  
  3. Must Disclose in Brokerage Agreements: “Broker’s Policy on Agency” that are not offered: Property Management, Community Association Management, and Dual Agency unless specifically authorized by Broker.
  
  

Required Paperwork Submissions

• Leave a copy with or send a copy of the signed listing form to the Seller so there can be no misunderstanding of the terms of the agreement this is also required by GREC Rules and License Law. The owners of title must all sign the listing agreement.
  
  
• Submit a copy of the listing agreement to CRIM Realty as soon as possible no later than 48 hours of execution.
  
  
• Agent must submit a copy of all agreement, amendments, forms or other documents relating to the transaction to CRIM Realty as soon as possible no later than 48 hours of execution.
  
  

Securing Your Listings

• Put a “For Sale” sign on the property (as allowed by local zoning laws) with proper authorization from the owner and directional arrows (as allowed by local zoning laws).
  
  
• Install a lockbox with owner’s permission.
  
  
• It is the Listing Agent’s responsibility to exert as much effort and influence as possible to ensure that his/her listings are secure. The Agent should advise the owner to secure valuables and must check as frequently as deemed appropriate to ensure that other Agents using the lockbox have not left lights on and doors opened or unlocked.
  
  
• The owner should be advised to check his homeowner’s insurance coverage as the Company insurance does not cover listed properties or their contents.
  
  
• When discussing the use of the lockbox with the owner, both pros and cons of lockbox use should be explained.
  
  

Marketing Your Listing

Interior videotaping or photographs of listings is encouraged for marketing purposes but may be done only with the homeowner’s permission.

Agent Responsibility

Agent shall complete all paperwork including the listing contract and submit to CRIM Realty within 48 hours. Agents are expected to perform all of the duties associated with the services agreed to as a listing Agent.

Seller’s Duty to Protect Personal Property

At the time a lockbox is installed, homeowner should be informed that the Company has no insurance coverage for listed properties or their contents. In addition, homeowners should be reminded to remove their valuables from sight as outlined in the GAR and RE Forms Listing Agreement.

SUPRA and REO Lockboxes

CRIM Realty offers Company-owned SUPRA lockboxes for non- foreclosure, non-REO listings when for a refundable deposit.

How to use:

• Agents should use their personally owned combination lockboxes on REO and foreclosure listings, as these properties have a higher risk of lockbox loss or theft.
  
  
• To help keep Agent fees low and maintain an adequate inventory of lockboxes for active listings, Agents must return any unused CRIM Realty lockboxes to the Company office.
  
  
• Once a property is sold or a listing is no longer active, the lockbox must be returned to the CRIM Realty office within 30 days so it can be returned to inventory for use by other Agents.
  
  
• If an Agent has a lockbox in their possession and is expecting a new listing that has not yet been finalized, the Agent may retain the lockbox for an additional 30 days after the previous listing has closed, provided the Broker has been notified.
  
  
• Agents who prefer to maintain their own inventory of lockboxes may purchase lockboxes directly through SUPRA.
  
  

Shackle Codes and CBS Codes

Agents may occasionally need the CBS code for a lockbox, particularly when a home inspector, photographer, or other authorized service provider requests access. Agents should refer to the Shackle Codes and CBS Codes Report for Company-owned lockboxes.

Reimbursement for Loss

Agents checking out CRIM Realty lockboxes must complete the CRIM Realty Inventory Form when requesting a lockbox. Agents are responsible for all CRIM Realty lockboxes while they are checked out and agree to reimburse the Company for any lockbox that is lost, stolen, or damaged.

The current cost of a SUPRA lockbox is $95, subject to change. Agents should confirm the current replacement cost with CRIM Realty.

Multiple Listing Services

• CRIM Realty will maintain membership in local Multiple Listing Services (MLSs) as deemed appropriate.
  
  
• Depending on the MLS’s membership requirements, Agents may be required to join an MLS because of CRIM Realty’s membership.
  
  
• A list of MLSs is available on the Company website.
  
  
• Agents are responsible for all MLS-related costs, including:
  
  
  • Membership dues
  • Transaction fees
  • Monthly fees
  • Other applicable MLS charges
    
    
• If MLS fees are billed directly to CRIM Realty, the Agent will be charged according to the procedures outlined in the Company Expense section and the Independent Contractor Agreement.
  
  
• CRIM Realty will not charge Agents more than the actual cost of their MLS membership and related expenses.

Transferring Listings to CRIM Realty

New Agents transferring existing listings to CRIM Realty must complete the FMLS Form 116 for each listing and send it to their previous broker/agency for signature.

Important: The previous broker’s execution of Form 116 only releases the listing; it does not transfer the listing to CRIM Realty. The listing must be re-entered with CRIM Realty through FMLS.

Three (3) Steps to Transfer a Listing

1. Obtain a New Listing Agreement

• Obtain the seller’s signature on a new Listing Agreement naming CRIM Realty as the brokerage.
  
  
• Fax the signed agreement to FMLS and CRIM Realty.
  
  

2. Release the Existing Listing:

• Have the previous broker complete and sign FMLS Form 116.
  
  
• The previous broker must check “Release to Another Broker.”
  
  
• The form is then faxed to FMLS.
  
  
• This releases the existing listing from FMLS at no charge.
  
  

3. Re-Enter the Listing:

• The Agent must enter the listing information into FMLS again as a new CRIM Realty listing.
  
  
• Information from the previous listing does not automatically transfer to the new listing.
  
  
• The listing may temporarily appear as a duplicate or may be removed by FMLS until the executed Form 116 is received.
  
  
• If FMLS removes the listing, the Agent or CRIM Realty may contact FMLS at 404-255-8660, extension 4, to request reinstatement.
  
  

Listing Date

There should be no interruption in the listing. FMLS does not allow Agents to backdate a listing.

When submitting the new Listing Agreement, the Agent should include a fax cover letter requesting that FMLS change the listing date to the original date, as requested by the client.

The cover letter should include:

• The original FMLS listing number.
  
  
• The original listing date.
  
  
• A statement explaining that the listing was entered with the current date but should reflect the original listing date.

Antitrust Compliance

CRIM Realty requires all Agents to comply with applicable federal and state antitrust laws. Agents must make their own independent decisions regarding commissions, fees, listing terms, and cooperation with other brokers and firms.

The following guidelines are intended to help Agents avoid statements or conduct that could create the appearance of an antitrust violation:

• Do Not Discuss “Standard” Commission Rates
  Agents must never tell a prospective client that brokers or firms have agreed upon a particular commission or fee. For example, do not state, “All brokers in this area charge 7%.” Commission rates and fees are individually negotiated between the Agent and client and must not be presented as being established by competitors.
  
  
• Do Not Represent Listing Terms as Fixed or Non-Negotiable
  Agents should not represent that commission rates, listing periods, protection periods, or other material listing terms are “standard,” “required by all brokers,” or otherwise non-negotiable because of industry practice or an agreement among competitors. Agents should independently negotiate these terms with each client.
  
  
• MLS Requirements Are Different
  If an MLS establishes a minimum listing period or other participation requirement, Agents may accurately communicate that requirement as an MLS rule. For example, FMLS may have minimum listing-term requirements. Agents should distinguish legitimate MLS requirements from alleged “standard” industry practices.
  
  
• Do Not Discuss Competitors’ Fees or Business Practices
  Agents must not discuss commission rates, fees, listing terms, or business practices with Agents or Brokers from competing firms in a manner that could be viewed as an agreement to fix prices, divide markets, limit competition, or otherwise restrain trade.
  
  
• Do Not Agree to Boycott or Refuse to Cooperate
  Agents must not encourage or agree with other brokers or competitors to refuse to cooperate with a particular firm or Agent because of that firm’s commission rates, fees, business model, or other competitive practices.

CRIM Realty strictly prohibits any agreement, discussion, or conduct among its Agents, Brokers, or competitors that could unlawfully fix or restrain commissions, fees, markets, services, or other competitive terms.

When in doubt, do not participate in the discussion. Refer the matter to the Broker.