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In many documents regarding short sales the term "continue to market" is mentioned. "Continue to market" means if the listing is in MLS you MUST put the flag as contingent. Contingent listings continue to be searched when seeking active listings. The Code of Ethics and the MRED rules are adamant that the listing must be flagged. It does not matter if the seller does not want the flag, it doesn't matter if their attorney is threatening you to not put it in contingent, it violates the rules. If you insist in not flagging you can take the listing out of MLS, however, you still have the ethical responsibility to inform people BEFORE they enter the property that there is currently an accepted offer on the property. MLS is not an advertising vehicle - it is an agreement of cooperation and compensation and to offer that you must give factual information!