The seller and the previous listing agent could have an agreement that the seller didn't share with you. As well, they could be communicating because they are friends outside of the real estate transaction.

If neither of the above exist, then she absoultely cannot access the property or communicate with the seller regarding a non-existent real estate transaction unless she goes through you. 

At least that's how it is here in NC & SC. 

I agree with Debe Maxwell, CRS and I also surmise you didn't ask enough clarifying questions before listing. You always vet out the previous agents' agreement with the seller when you are agent #2. I make sure it's dead and buried.

Our holdover clause expires upon the relisting of the property. I think a call needs to be made to her broker.  I think it may be time to terminate your listing and let those two have each other 

What Debe Maxwell, CRS said.

This is actually a really great question. And we run into this on occasion especially with commercial properties that are being listed for lease w property management company and building listed for sale with another broker. In this case, however, it's no longer listed for sale. Right? Why? Ask the property owner. Do they still want to sell the house as well as rent it? Secure exclusive right to sell to go with the exclusive right to rent. Then, if the former listing agent brings a buyer, cooperate and do a deal.

Follow what Debe Maxwell, CRS said.  A

Maybe it's the trypothan, I'll come back later and review---or just move on..yeah movin' on is a good idea

Have you addressed your concerns with the owner of the property?

I am not really sure how it works in your area, or what your contract says. Honestly, I think this is a question best discussed with your broker. Happy Thanksgiving! -Kasey

Both of you need to follow the terms of the written agreements.

what Debe Maxwell, CRS said....

I would think you have a broker you pay and that is who you should be having a conversation with.

In our area, a mls must be delisted before one can list for rent or whatever.

Another way to control is put your Supralock box call the listing agent to go get lost. You can block his name on your lockbox also.

I understand the core principals of opportunity, making a buck and seizing the day but ethics says how not to go about this...I believe your explanation answers your own question. Go with that

She could say that she is showing it to potential tenants. Maybe she doesn't do rentals, which is why owner called you to do rental listing? Here's it acceptable for one broker to have a sale listing and a different broker to have a rental lsiting on the same house at the same time. I would just focus on getting it rented.

In Arizona one agent can list for rent, while Seller can list with another agent for sale...

I would not guess, and just talked to both of them separately to understand what is going on. If your client seller is interested in possible sale of the property, I'd suggest to add it anywhere in writing. 

I thnk Debe Maxwell, CRS  has the answer

I would get the help of your Broker.  Just hearing Broker and even the playing field a bit

It is listed with you is it not?  Let them help you sell it. As far as communicating with your client you may want to put a stop to that.

But I really do not know the laws of your state so check with your broker for the real advice on this one.

If you have a contract to find a renter for the property, the Code of Ethics does not stop an agent from contacting your client for a different kind of service which in this case is selling the property. You may not be privy to his other relationship and agreement. 

This needs to be discussed in detail with the owner of the home. Get the details ... it seems there is more to this than you are aware of.  Making assumptions can bite us in the back side. 

You want to check directly with your client before making guesses.

 Somewhere is a "rule book." Could be your MLS bylaws or other formal local or state document.

Find the relevant rule. The agent with the best documentation wins.

 Debe Maxwell, CRS and Ken Jones, SRES, ASA, SCGREA have given good advice.  Have you discussed this with your Seller?

Great answers are here

It sounds like the Seller is giving the other agent access to the home to continue trying to find a buyer. They're using you to find a renter because the seller wants to have his cake and eat it, too.

You have to decide if you want to work with an owner that is not 100% honest with you and committed to renting the home.

You have many answers here.  You may want to bring this information to your broker and find out what you can do in your area to address this matter.

You really need to talk to your client, and ask the question. Maybe explain the rules? And I would also call this agent and ask the same - so you know where you stand. Compare. The decide how to handle this.

BTW: A listing for rent does not equal a listing for sale - they are two different agreements.

That is the closest example of a sticky situation I've seen for awhile.

It addition to the 'access' issue that concerns you, their also exists an unseen interference dynamic that will have both agents taking shots at the other. Of course you have not disclosed the promise you made to pry this listing from the grasp of the friend of the owner.

You need to refer to your broker or attorney to determine if in your state two real estate contracts can exist simultaneously. In many states it is permissible for rental and sales to co-exist through different brokerages.

It is possible for you to take 'special' measures that deny the other agent access to this real estate without using their own resources. Such measures would be the utilization of a CBS code. If the other agent has in place their own access protocol, then they are a step ahead of you and very likely have staked claim to the premium location.

Take care NOT to spend your dollars on staging that make it more desirable for renting.

Your next meet-up with the owner should have the "Lov'n Spoonful' tune in the background.  Wait until you see the owners lips tuning in with the words "...gotta make up your mind. Say yes to one and leave the other behind. It's not often easy, not often kind.  BUT YOU GOTTA MAKE UP YOUR MIND!"

Your real issue is 'procurring cause' which has many interpretations and most often defaults to 'convienence.'  Most interpretations, in free market states, boil down to 'if you didn't write a contract, there is no cause. However, the reality is if one can afford an attorney, it can get messy.

How such things start are good predictors of how they will end. That means knowing exactly what the competing contract states.

Time to have your broker have a friendly conversation with her broker. 

I would talk to the seller and see what kind of arrangement they have.

Debe Maxwell stated it correctly here. But does your sign on the home say RENT or SALE too? As a buyer that would make me concerned.

What does your Seller say about this ?

Good luck.

Have  no idea

This is a conflict, and sounds like you need to have a conversation with the owner.  Do they want to sell or rent it?

Eddie Edwards  I am curious to know how this worked out and what your broker advised.  Please follow up when you can. 

i see tons of red flags. i might ask for the listing fee (or a %) if it sells before it rents

Eddie, you've been hired to rent it. Whatever relationship exists with the former listing agent and the owner is not your concern.

My take, which is by no means legal advice:

The previous listing was a sale listing, the current one is a rental.  The protection clause ONLY applies if the house is still listed for sale.  Out here you have 24 hours (I believe) to provide a list of all parties to be covered under that clause to the new agent.

I'd ask the owner if they intend to sell the property or just lease it out.  If they have NO desire to sell, then I would call the former agent and have a VERY frank discussion with them.  If they do have a desire to sell, out here we have to complete a yes/no field in the MLS "Will consider sale" on lease listing (or will consider lease, if it's a for sale listing).  I'd change that to a "yes" and then market it for sale as well.  I'd also ask for a listing of persons covered by the 90 day clause from the prior agent (if your state does that).

I think your reading of the situation is correct, but there may be more than meets the eye. Most likely, the other agent is acting illlegally, but you need  to know what agreement she has with the owner e.g. she could be doing a series of "open" listings for each buyer. If you are listing the property as a rental, you must have some kind of relationship with the owner, so just ask what's going on.

Eddie Edwards It appears the other agent has the owner's permission to do this. In this case the agent has a verbal agreement to show the property for sale. Your agency relationship and listing is strictly for renting the property and has no bearing on the situation.

First educate the seller and then remove her lock box and get back the key. It should come from the seller. The seller should know the liability and hw wrong this is. She can not be a listing agent then it expires and become a buyer agent without breaking the relationship she has based on her being a listing agent and knowing that sellers info, why they are selling and what they will take. If the seller wont get involved.