Santa Cruz County, Arizona Board of REALTORS®

SELLING PROCEDURES:

Section 2- Showings and Negotiations: Appointments for showings and negotiations with the seller for the purchase of listed property filed with the Multiple Listing Service shall be conducted through the listing broker, except under the following circumstances:

(A) The Listing broker gives the cooperating broker specific authority to show and/or negotiate directly, or

(B)  After reasonable, twenty-four hours, the cooperating broker cannot contact the listing broker or his representative; however, the listing broker, at his option, may preclude such direct negotiations by cooperating brokers.

(C)  Disclosure: Cooperating Brokers must disclose their agency status to the Listing Broker at first contact with the Listing Broker (in person, by telephone or in writing).

Section 2.1- Presentation of Offers: The listing broker must make arrangements to present the offer as soon as possible, or give the cooperating broker a satisfactory reason for not doing so.

Section 2.2- Submission of Written Offers: The listing broker shall submit to the seller all written offers until closing unless precluded by law, government rule, regulation, or agreed otherwise in writing between the seller and the listing broker.  Unless the subsequent offer is contingent upon the termination of an existing contract, the listing broker shall recommend that the seller obtain the advice of legal counsel prior to acceptance of the subsequent offer.

Section 2.3- Right of Cooperating Broker in Presentation of Offer: The cooperating broker (subagent or buyer agent) or his representative has the right to participate in the presentation to the seller or lessor of any offer he secures to purchase or lease.  He does not have the right to be present at any discussion or evaluation of that offer by the seller or lessor and the listing broker.  However, if the seller or lessor gives written instructions to the listing broker that the cooperating broker not be present when an offer the cooperating broker secured is presented, the cooperating broker has the right to a copy of the seller’s written instructions.  None of the foregoing diminishes the listing broker’s right to control the establishment of appointments for such presentations.

Section 2.4- Right of Listing Broker in Presentation of Counter- Offer: The listing broker or his representative has the right to participate in the presentation of any counter-offer made by the seller or lessor.  He does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaser or lessee (except when the cooperating broker is a subagent).  However, if the purchaser or lessee gives written instructions to the cooperating broker that the listing broker not be present when a counter-offer is presented, the listing broker has the right to a copy of the purchaser’s or lessee’s written instructions.

Section 2.5- Reporting Sales to the Service: Sales shall be posted within forty-eight (48) hours (excluding weekends, holidays, and postal holidays) to the Multiple Listing Service by the listing broker unless the negotiations were carried on under Section 2(a) or (b) hereof, in which case the cooperating broker shall report, sending a copy to the listing broker within twenty-four (24) hours after acceptance.

The listing agreement of a property filed with the MLS by the listing broker should include a provision expressly granting the listing broker authority to submit the listing with the MLS; to provide timely notice (48 hours) of status changes of the listing to the MLS; and to provide sales information including selling price to the MLS upon sale of the property.  If deemed desirable by the MLS to publish sales information prior to final closing (settlement) of a sales transaction, the listing agreement should also include a provision expressly granting the listing broker the right to authorize dissemination of this information by the MLS to its Participants.

Section 2.6- Reporting Resolutions of Contingencies: The listing broker shall report to the Multiple Listing Service within forty-eight (48) hours that a contingency on file with the Multiple Listing Service has been fulfilled or renewed, or the agreement canceled.

Section 2.7- Advertising of Listing Filed with the Service: A listing shall not be advertised by any Participant other than the listing broker without the prior consent of the listing broker.