Each month, we will highlight a different MLS Rule to help everyone remain in compliance and keep our data clean.
Right of Cooperating Broker in Presentation of Offer
Regarding section 2.3 of the New York State Alliance of Multiple Listing Service’s rules,
Right of Cooperating Broker in Presentation of Offer
, this paragraph was adopted by NAR in 11/2018:
Where the cooperating broker is not present during the presentation of the offer, the cooperating broker can request in writing, and the listing broker must provide, written affirmation stating that the offer has been submitted to the seller, or written notification that the seller has waived the obligation to have the offer presented (adopted 11/18).
To help support this MLS Rule and Code of Ethics Standard of Practice 1-7, NYSAR created a form called the
Request for Affirmation of Presentation of Purchase Offer
that may be used for this purpose
.
This form is
available on both Grar.org and in TransactionDesk
and is an optional form. There is no “required” language and so the written affirmation can be extremely simple or as complex as you want to make it (ex. it can be an email request and reply). If you receive the form, it is courteous to reply using that same form but not required as you long as you reply in writing when the request comes in. The thing to remember and know is that all are required to follow this rule and standard of practice or it may be result in a MLS and/or an ethics violation. If you are requested to provide this written affirmation that you presented the offer, you must provide it and be able to prove that you did so (ex. date/time stamped email and or text message).
