listing property that is under contract

If I have a property under contract (albany NY)and I have a clause that allows me to list it, can I legally list this property on the MLS with a realtor in my name? If so, what paperwork do I need to fill out and how do I protect myself if necessary. The property that I’m referring to now has a listing agreement between the homeowner and realtor because nobody was really comfortable or knew what paperwork I needed to fillout.

There is currently a listing agreement - which probably is an exclusive agreement to sell. How do you plan on entering into another agreement with the seller?

Maybe NY is different from I am but usually only the owner can list a property for sale. You may have put a clause into a contract allowing you to list the property but I doubt if it is legal. The question you should ask yourself is can you deliver title if a buyer responds and makes an offer.

You could advertise another listing on internet IF in MLS it says “advertise OK”. However, this ad should be on some website and not on MLS. You could own an information and people will contact you but general decision sell or not to sell is up to listing’s owner and property’s owner.

I plan on assigning the contract to the interested buyer or do a double closing. Delivering title is not a problem, its no different then me selling to one of my cash buyers or finding a buyer on craigslist. I want to list the property on the MLS in order to find more buyers (plus the realtor does all the running around with showings etc). The contract needs in my name in order for me to assign the contract that exist or do a double closing. I know its legal for me to advertise in the local papers, put up a for sale sign, etc but Im looking for help when it comes to listing it on the MLS.

State laws may vary, but I’d say that the answer is no.

In order for an agent to list a property, the owner (or legal POA) must sign the paperwork allowing for such. You aren’t either at this point. All you have the ability to sell is a piece of paper (the purchase contract) and agents are not legally able to sell paper.