Is a listing agent obligated to confirm that an offer has been presented?
QUESTION: I submitted an offer for a buyer client of mine on another REALTOR®’s listing three days ago. Although I have left several voicemail messages on the listing agent’s cell phone, I haven’t heard anything back yet and my client and I are both anxious. I know that the Real Estate Commission’s rules say that the offer has to be presented within three days, but is the listing agent is required to confirm with me that my client’s offer has been presented?
ANSWER: Yes, if you request confirmation in writing. Although the Real Estate Commission’s rules don’t require an agent to confirm presentation of an offer, effective January 1, 2019, Standard of Practice 1-7 of the REALTOR® Code of Ethics was revised to provide that a listing agent must, upon the written request of a cooperating agent who submits an offer to the listing agent, provide a written affirmation to the cooperating agent stating that the offer has been submitted to the seller (or landlord). Failure to provide written affirmation would subject the listing agent to potential discipline by his or her local association of REALTORS® for violating Article 1 of the Code of Ethics.
You correctly note in your question that Real Estate Commission Rule 58A.0106 requires a listing agent to present an offer to the seller within three days. Failure to do so could subject the listing agent to discipline by the Commission. An agent’s failure to timely present an offer could also subject him or her to discipline by his or her local association of REALTORS® for violating Article 1 of the Code of Ethics, as illustrated by Standard of Practice 1-6. Standard of Practice 1-6 provides that “REALTORS® shall submit offers and counter-offers objectively and as quickly as possible.”
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