There has been a fluctuation of phone calls relating to the presentation of offers. Selling Agents are calling to inquire about what can be done to confirm that their offer has been presented. Does the Listing Agent have an obligation to prove that the offer was presented to the Seller? The Code of Ethics does not require that the Listing Agent provide proof that the offer was presented. Although the Code of Ethics doesn’t require the Listing Agent to provide proof that the offer was presented, there is an obligation to present the offer to the Seller objectively and as quickly as possible. This obligation is addressed in Article 1, Standard of Practices 6 and 7.
When representing a buyer, seller, landlord, tenant, or other client as an agent, Realtors® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve Realtors® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, Realtors® remain obligated to treat all parties honestly. (Amended 1/01).
Standard of Practice 1-6
Realtors® shall submit offers and counter-offers objectively and as quickly as possible. (Adopted 1/93, Amended 1/95)
Standard of Practice 1-7
When acting as listing brokers, Realtors® shall continue to submit to the seller/landlord all offers and counter-offers until closing or execution of a lease unless the seller/landlord has waived this obligation in writing. Realtors® shall not be obligated to continue to market the property after an offer has been accepted by the seller/landlord. Realtors® shall recommend that sellers/landlords obtain the advice of legal counsel prior to acceptance of a subsequent offer except where the acceptance is contingent on the termination of the pre-existing purchase contract or lease. (Amended 1/93)
To learn more about Article 1 and the REALTOR® Code of Ethics, click here