Presentation of Counter-Offer to Buyer by Listing Agent

Q: I represent a seller and last night they decided to make a written counter-offer to a buyer, who is represented by a buyer agent from another firm. I asked to present the  counter-offer to the buyer, but the buyer agent refused. Don’t I have a right to present my client’s counter-offer to the buyer?

A: If the property is listed in the MLS, NAR’s Model MLS Rules & Regulations say that a listing broker or his or her representative has the right to participate in the  presentation of any counteroffer made by the seller (or lessor), unless the purchaser (or lessee) gives written instructions to the cooperating broker that the listing broker not  be present when a counter-offer is presented. In that case, the listing broker has the right to a copy of the purchaser’s (or lessee’s) written instructions. You will want to check  with your local MLS for a copy of its actual Rules & Regulations. This particular information will likely be a part of Section 2, Selling Procedures.

© Copyright 2001 - 2023. North Carolina Association of REALTORS®, Inc.

This article is intended solely for the benefit of NC REALTORS® members, who may reproduce and distribute it to other NC REALTORS® members and their clients, provided it is reproduced in its entirety without any change to its format or content, including disclaimer and copyright notice, and provided that any such reproduction is not intended for monetary gain. Any unauthorized reproduction, use or distribution is prohibited.

Filed Under: Miscellaneous, MLS Issues,