South Carolina Listings After Changing Brokerages

South Carolina Listings After Changing Brokerages

In South Carolina, listing agreements belong to the brokerage, not the individual agent. If a listing was signed while you were affiliated with a prior brokerage, that agreement legally remains with that brokerage unless they formally agree otherwise.

Because of this, special care must be taken when an agent changes brokerages and has an active listing in place.


What This Means for Agents

Even though you may have a strong relationship with the seller, the listing does not automatically follow you when you move to a new brokerage. Any continued involvement with the listing must be approved and documented in writing by the former brokerage.


Your Compliant Options

1. Request a Written Release or Transfer

Your first step should be to contact your former broker and ask if they are willing to:

  • Release the listing entirely, or

  • Transfer the listing to Dalton Wade through a written agreement (often with specific terms)

Nothing can move forward without a formal, written release or transfer. Verbal approval is not sufficient.


2. Negotiation May Be Possible — But Is Not Guaranteed

Some brokerages may allow an agent to keep a listing after leaving, sometimes:

  • In exchange for a referral fee, or

  • Under specific conditions set by the brokerage

However, brokerages are not required to agree. Many choose to retain the listing and assign it to another agent internally.


3. Do Not Work the Listing Without a Release if You Already Changed Brokerages

Until a written release or transfer is fully executed:

  • Do not market the property

  • Do not advise or service the listing

  • Do not communicate with the seller about the sale, other than directing them back to the listing brokerage

Following these rules helps protect your license and prevents claims of interference.


4. Stepping Away May Be the Safest Option

If the former brokerage declines to release or transfer the listing, the compliant course of action is to step away entirely and allow them to reassign the listing.

While this can be frustrating, it is often the safest and cleanest resolution from a licensing and compliance standpoint.


Reach out to your former broker as soon as possible to ask how they would like to handle the active listing.

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