Can I list a property under contract w/ owners permission?

[Daniel Paloscio]

I have a property under contract in Clearwater, FL. In my contract it states that the seller allows the buyer to market the property on the MLS, in periodicals, Newspaper, and with a for sale sign in the yard.

My question is can I list the property with a realtor considering I have equitable interest in the property and the owners permission? I have a realtor that will list it but I don't want her to break any rules.

[John Thedford]

There was recently a thread on BP where a person with an assignable contract put a "FOR SALE" sign in the yard and was contacted by FREC and warned they could face felony charges if they did not take it down. In Florida, you cannot represent the owner of a property without a license and listing agreement. The way to avoid problems is to close on the property and then list it for sale. I suspect your agent friend might be too anxious for business. At this point, you have a right to purchase the property under the terms of the contract. You are not the property owner. You are trying to sell the property of another which means you are representing someone else. Illegal!