Including Active MLS Listings in Marketing

Can an agent include another agent's active listing in marketing materials like mailings or newsletters?

There are three MLS rules that address advertising of listings:

12.7 "Sold" Signs and Use of the Term "Sold."itable Infractions

12.8 Advertising of Listing Filed With the MLS. 

12.9 Limitations on Use of CCAR or MLS Information in Advertising. 

These rules allow agents to include sold information from the MLS in advertising for use as statistical reporting and market activity.  At no time can an agent imply they were involved in any transaction unless such is the case.

Including Active properties in marketing material is allowed as long as two conditions are met:

1. The property can not be "uniquely identifiable".  Pictures, address or any characteristic that would enable the public to match the property to a specific MLS listing are not permitted.
2. The marketing material must specifically market the agent's services and not the property in any way.  Active properties may only be included as secondary information like "market activity" or "recent activity" sections.