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.
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