Multiple Brokerage Listings in Arizona: Legal and Practical Overview

By Dennis Riccio, President, Central Arizona Association of REALTORS®

Recent calls to the CAAR office from non-member agents have raised a common and important question: Canmore than one brokerage simultaneously list the same residential property in Arizona? These inquiries have also come from CAAR brokers who were approached by non-member agents claiming that they “co-list with another brokerage all the time.” This article addresses the legal framework, CAAR MLS rules, and standard practice to clarify this issue.

Arizona Law on Multiple Brokerage Listings

Arizona law does not outright prohibit a seller from entering into multiple listing agreements. However, it does regulate them closely. Under A.R.S. § 32-2151.02(A),all listing agreements must be in writing, contain a definite duration, and clearly state all material terms, including compensation.

More importantly, A.R.S.§ 32-2151.02(C) prohibits a licensee from procuring a listing from a seller already under an exclusive listing agreement unless the seller signs a written acknowledgment that they may be liable for multiple commissions. This provision discourages overlapping exclusive listings and requires transparency when a second brokerage is being approached.

The Arizona Department of Real Estate also reinforces this principle through Commissioner’s RuleR4-28-1102, which requires that all negotiations go through the listing broker unless waived in writing by the seller. This rule presumes a single broker relationship and reinforces the norm that one brokerage at a time represents the seller.

Exclusive Engagements Are Further Regulated

In 2024, Arizona enacted A.R.S.§§ 44-501 to 44-503, which regulate “Exclusive Property Engagement Agreements.” These provisions limit exclusive contracts to 12 months and prohibit contracts that run with the land or allow brokers to record them as liens. The goal is to protect homeowners from overly aggressive or unclear listing arrangements. This statute defines an exclusive engagement as a contract granting one party the exclusive right to list or sell the property, by definition, excluding other concurrent listings.

Listing Types and Their Implications

The ability to have multiple brokerages involved depends on the type of listing agreement:

• Exclusive Right-to-Sell: The most common type in Arizona. The seller gives a single broker exclusive authority to market and sell the property. No other broker can list the property concurrently, and the listing broker is entitled to a commission even if the seller finds the buyer.

• Exclusive Agency: Similar to the above but allows the seller to sell the home independently without paying a commission. Still, it is exclusive in the sense that only one brokerage is authorized to list the property.

• Open Listing: A non-exclusive agreement where multiple brokers may try to sell the property. Only the broker who procures the buyer earns a commission. The seller may also sell it themselves without paying any commission. Open listings are legal in Arizona but rarely used in practice due to the lack of protection or incentive for brokers.  Because no broker has a secure interest in an open listing, few are willing to invest effort in marketing such a property, and few sellers use this method.

Co-Listing Is Permitted Within One Brokerage

It is perfectly acceptable for two agents within the same brokerage to co-list a property. This is a standard practice and poses no conflict with Arizona law or CAAR MLS rules. However, two agents from different brokerages may not co-list a property in our MLS. Any attempt to do so would be a violation of CAAR MLS Rule 5.1.

Some non-member agents attempt to sidestep this rule by persuading CAAR member brokers to allow them to “co-list” in an effort to avoid joining the association. These arrangements are not only improper under MLS rules but also threaten the integrity of cooperation and transparency among REALTORS®.

CAAR MLS Rules: No Open Listings or Dual-Broker Submissions

While Arizona law allows open listings, CAAR MLS does not. Per MLS Rule 5.1, the listing agreement must include written authorization from the seller to submit the listing to the MLS, and the MLS only accepts the following listing types:

• Exclusive Right-to-Sell

• Exclusive Agency

As clarified in the CAARMLS policy:

“Open listings are not accepted, except where required by law, because the inherent nature of an open listing undermines the obligation to share information on listed property and make it available toother brokers for showing to prospective purchasers and tenants.”

This means that even if a seller enters into open listings with multiple brokers, only one of those brokers could potentially submit the property to the MLS, defeating the purpose of multiple simultaneous marketing efforts.

Marketing Conflicts and Procuring Cause Disputes

Multiple concurrent listings often create market confusion: conflicting signs, competing prices, inconsistent photos, and buyer frustration. They also open the door to commission disputes, where more than one broker claims the right to commission.

The MLS exists to promote cooperation. When listings are exclusive, that cooperation flows through the MLS. Introducing multiple listings complicates this process and erodes the predictability and order the MLS is designed to preserve.

ARMLS MLS Policy

Many CAAR members are also members of ARMLS so they should also be aware of ARMLS policy.  Brokers should also be aware that if they are told by a non-member broker that they “do it all the time”, it should be questioned.  ARMLS Rule 8.6.2 provides that if duplicate listings of the same property appear under different brokers, the MLS can cancel or suspend the extra listing(s) if not corrected within five daysarmls.com . This policy underscores that having multiple simultaneous listings is not an accepted practice in the MLS system, and by extension is not a normal practice in the Arizona market where MLS exposure is crucial.

When a seller wishes to change brokers, the common approach is to cancel or let expire the first listing, then sign a new agreement with the second brokerage, rather than having them overlap. It’s also worth noting that if a seller desires the expertise of two agents, often the solution is a co-listing (two agents from the same brokerage jointly list the property under one contract). In a co-listing arrangement, there is still only one listing agreement, it simply names two agents.  This is different from having parallel separate listings. Co-listings are allowed and would be entered as a single MLS listing with both agents noted, avoiding the issues that true multiple listings would create.

In summary, the standard practice in Arizona is one property, one listing brokerage at a time. While nothing in the law forbids a seller from giving non-exclusive opportunities to multiple brokers (open listings), such arrangements are very uncommon for residential sales due to the MLS structure and the preferences of brokers and sellers alike.

Ethical Standards and the Code of Ethics

Article 16 of the NAR Code of Ethics provides that REALTORS® shall not interfere with the exclusive relationships another REALTOR® has with a client. Standard of Practice 16-4prohibits solicitation of a listing that is already exclusively listed with another broker.

In short: if the property is already listed, another REALTOR® must not solicit that listing. The ethical course of action is to wait until the listing expires or the seller independently initiates contact.

Protecting Your Membership and the Industry

Our MLS rules exist to protect the professional standards of our industry and the value of your CAAR membership. Allowing non-member agents to piggyback on MLS access via “dual listings” or informal co-listing arrangements would compromise that structure.

If you are approached by a non-member agent seeking to co-list a property with you, please notify your broker immediately, and refer them to the CAAR office if they wish to join our association. The correct and ethical route for cooperation is through MLS participation and full compliance with listing rules.

In Summary

• Arizona law allows open listings but requires full disclosure and caution.

• CAAR MLS rules prohibit open listings and do not allow two brokerages to simultaneously list the same property.

• Co-listing by two agents is permitted only when they are under the same brokerage.

• Listing agreements must be exclusive to qualify for MLS entry.

• Most listings in Arizona are exclusive right-to-sell or exclusive agency.

• Standard AAR forms are not designed for open listings.

• Ethical standards require respect for existing exclusive listings.

As always, thank you for your continued professionalism and commitment to high standards in real estate. If you have questions about specific listing arrangements, contact the CAAR office.

— Dennis Riccio
President, Central Arizona Association of REALTORS®