Can I list a property I haven't closed on yet?

Question

If I have a house under contract that I won't close on for 45 days can I list it with a realtor or do I have to wait until I close on it first?

Karen Parker · Answer

You can add an addendum to the sale and purchase agreement which gives you the right to to list and market the property. You will want this notarized and officially recorded. This works here in Florida as well as in Texas, Georgia, NC, AZ, and LA for sure. I know because I've done it.

Marissa Contreras · Answer

Genius Karen.

Chris OToole · Answer

Do your own marketing until closing. Craigslist always will develop some leads plus it is free. As soon as you close put it up on the MLS if you dont already have a lead.

Brian P. · Answer

I would take a second position. When the actual owner on title lists a property he is only selling his interests in the property.

When someone owns an equitable interest  he is only selling his interests in the property, same thing

Laws that don't specifically define owner don't mean all that much to me, I am the owner of what I"m selling.

I once started to sue a local MLS but they changed their position as long as I was clear in the listing that I wasn't the owner of record but had an interest in the property I was selling and they didn't want to open a can of worms.

To make it easier I just started getting a specific power of attorney from the owner on title along with a clause in the PA that allowed me rights of access, etc. and the MLS had no problem because it was really no different then say putting a probate property on the MLS

Chris T. · Answer

Well that makes sense.  The market could get pretty hairy if everyone was trying to sell everyone else's properties!

J Scott · Answer

As I mentioned above, that's the way it is in Georgia also...

Ryan Webber · Answer

If I remember correctly the Texas Real Estate Licensing Act says that an agent can list the property only if they sign a listing agreement with the owner.

Yes, you do have an equitable interest in the property but no, you are not the owner.  I would think that most realtors are going to tell you no whether you have a contractual right to market it or not.

Christopher W. · Answer

Just to be sure, what would we be recording to create equitable interest? Is that the notice of Purchase and Sale agreement?

Chris T. · Answer

The (contract) or Purchase Agreement.

Christopher W. · Answer

So we record the actual Purcahse Agreement, not just a Notice of Purchase and Sale?

Can I list a property I haven't closed on yet?

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