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Code of Ethics-Duties to Clients and Customers

Posted in REALTORS Code of Ethics by Karen Rhodes on October 31st, 2006

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)

Lets break this one down into parts.  I have had this very issue arise with a seller client of mine recently.

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.

This was my clients issue.  I received an offer at a lower price than what my client expected.  After getting very upset that I would waste their time presenting this offer I explained this Standard of Practice.  I had not been informed in writing to not present any offers less than X amount.  Personally, I don’t think doing this is a wise move.  If you get a low offer you can always make a counter offer.  Every offer should be considered and handled in the appropriate way.  The offer that I was chastised for presenting was countered and accepted by the buyer.  The buyer was fishing to see how low the seller would go.  Had I not presented it to my client then it certainly never would have been countered and accepted. 

REALTORS® shall not be obligated to continue to market the property after an offer has been accepted by the seller/landlord.

Not difficult to understand.  If the property is under contract, don’t expect it to continue to be in the paper, magazines, etc.

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.

Another obvious practice.  If your home is under contract with a buyer and another acceptable offer is received it should be accepted as a back up to the first one.  You can’t have two working contracts on one piece of property.  If you do, go ahead and find a good attorney.

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