According to fundamental principles of agency law and real estate regulations, a licensee cannot act on behalf of a principal (the property owner) without express authority. Before advertising, showing, or offering a property, the licensee must obtain authorization from the owner. This is typically accomplished through a legally binding listing agreement, which establishes the agency relationship and outlines the scope of the licensee's authority to market the property and represent the seller's interests. Acting without this permission constitutes a violation of licensing law and fiduciary duties.

A. Prepare a preliminary appraisal of the property.

A formal appraisal must be done by a licensed appraiser. A licensee prepares a market analysis, not an appraisal, and it is not a legal prerequisite for advertising.

C. Provide a list of clients for whom she has successfully completed real estate transactions in the area.

This is a marketing tool to secure a listing from a potential seller, not a legal requirement before advertising a property for which a listing has been secured.

D. Prepare a comparative market analysis for the property.

While a comparative market analysis (CMA) is a standard practice to help the seller determine a listing price, the essential legal requirement before marketing can begin is the owner's authorization.

1. Ling, D. C., & Archer, W. R. (2018). Real Estate Principles: A Value Approach (6th ed.). McGraw-Hill Education.

Chapter 11, "Listing Contracts," Section 11.1: This chapter explicitly states that a listing contract is an agreement that creates an agency relationship between a property owner and a broker, empowering the broker to market the property on the owner's behalf. It clarifies that this authorization is the foundational step before any marketing activities can commence.

2. Galaty, F. W., Allaway, W. J., & Kyle, R. C. (2022). Modern Real Estate Practice (21st ed.). DF Institute, Inc.

Chapter 10, "Real Estate Brokerage and Law of Agency," Section on "Authority": This section details that an agent's authority to act is granted by the principal. It specifies that a real estate licensee may not offer property for sale or advertise it without the owner's consent, typically in the form of a written listing agreement.

3. University of Texas at Austin, McCombs School of Business. (n.d.). Courseware for RE 358: Real Estate Law.

Module on "Agency and Brokerage": The course materials emphasize that a broker's authority to sell property is not inherent and must be expressly granted by the property owner. Any advertisement or offer made without such authority is legally invalid and a violation of state licensing regulations. The creation of the agency relationship via a listing agreement is presented as the critical prerequisite.