SELLING PROCEDURES

Section 2 – Showings:

Appointments to show a property, including showings where access to the property is gained by use of an Keysafe/Lockbox (electronic) or Keybox (mechanical), shall be conducted through the Listing Participant except under the following circumstances:

(1) The Listing Participant gives Subscribers specific authority to show the property in the appropriate place in the Showing Instructions Component in the MLS system, or

(2) The Listing Participant gives the Cooperating Participant specific authority to show.

(A) If the Seller of any listed property published with the SCCMLS is refusing to show the listing, such fact shall be transmitted immediately to SCCMLS and to all Participants. Listing Subscriber shall not deny key access, mechanical operational codes or Keysafe/Lockbox access for a showing pursuant to Showings (Section 2), nor will the Listing Subscriber’s presence be required at a showing if disclosures for showing instructions have been noted in the MLS system as follows:

(1) Listing is placed on “Temp off Market” status to illustrate no access is allowed.

(2) Written request has been specified by Seller and has been disclosed in Showing Instructions and REALTOR® Remarks.

            (3) Showing instructions is by appointment only.

(4) The occupancy is of tenancy thus pursuant to Landlord & Tenant Act requiring prior notice.

(B) Unless otherwise instructed in writing by the Seller. An “Active” status listing with a “Signature Pending” contingency does not constitute the right of the Listing Subscriber to deny access to a property per a showing request.

(C) Unless otherwise instructed in writing by the Seller. A “Pending” status listing does not constitute the right of the Listing Subscriber to deny access to a property per a showing request. If Listing Subscriber is instructed by Seller not to allow anymore showings the “Pending” status shall be adjoined with the “No-Back-up Offers Being Accepted” contingency as a means to disclose no more showing requests will be granted.  

(D) In the event a showing request to view the property is not for the intent with the goal of producing a prospective purchaser, home inspection, or a home evaluation the Listing Subscriber may refuse access to the property at their own discretion.

Section 2.1.1 – Negotiations:

All negotiations for a listed property shall be conducted exclusively through the Listing Participant or his/her Subscriber or representative unless:

(1) The owner waives this requirement in writing, but not limited to, a “Limited Service Listing”;

(2) If after a reasonable effort, during a 24 hour period, the Cooperating Participant cannot contact the Listing Participant or his representative; then the Rules and Regulations of the State Real Estate Department shall govern. However, the Listing Participant, at his option, may preclude such direct negotiations by Cooperating Subscribers.

(A) The Cooperating Participant must disclose his/her agency status to the Listing Participant or Seller(s) as soon as practicable.

(B) If any negotiations are carried on in the absence of the Listing Participant, pursuant to this Section 2.1.1, the Cooperating Participant shall report the status change to the Listing Participant.

(C) Listing Participant shall report the status change to SCCMLS within two (2) business days after receiving notice from the Cooperating Participant.

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.

(A) Unless otherwise instructed in writing by the Seller. During the term of a listing agreement, a cooperating broker (subagent or Buyer agent) shall promptly submit to the listing broker’s (subagent or Seller agent) client all offers to purchase or lease the listed property.

Section 2.2- Submission of Written Offers and Counter-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.

Participants representing Buyers or tenants shall submit to the Buyer or tenant all offers and counter-offers until acceptance, and shall recommend that Buyers and tenants obtain legal advice where there is a questions about whether a pre-existing contract has been terminated.

(A) Upon receiving permission from the seller or lessor, the cooperating broker (subagent or Buyer agent) acting on behalf of the seller or lessor may disclose to all offerors or cooperating broker (subagent or Buyer agent) the existence and terms of all additional offers on the listed property.

(B) The listing broker (subagent or Seller agent) shall submit to the client all offers made prior to closing and is not released from this duty by the client's acceptance of an offer, unless to the following:

(1) The client instructs the listing broker (subagent or Seller agent) in writing to cease submitting offers;

(2) Or, otherwise provided in the listing agreement, lease, or purchase contract.

(C) By adjoining “Signature Pending” to an Active Listing, it does not constitute the cooperating broker (subagent or Buyer agent) to stop submitting offers to client nor the right to deny access to the property per a showing request.

(D) The listing broker (subagent or Seller agent) may voluntarily submit offers to the seller or lessor regardless of any limitations contained in the listing agreement and may submit offers after the listing agreement is terminated.

(E) In the event the Seller has instructed the listing broker (subagent or Seller agent) in writing of particular “Terms” they will consider with offers. The Participant is only required to present offers that meet the terms of the listing agreement.

(F) Violation of these Rules will be subject to a penalty pursuant to Section 7.

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.

(A) In the case where the Seller’s only form of communication is through an internet website.  The cooperating broker (subagent or Buyers agent) or his representative has the right to an electronic PROOF of the presentation to the Seller or Lessor of any offer he secures to purchase or lease.  A proof of offer will be a means to show cooperating broker that offer was submitted to the Seller’s by a system upload displaying the offer in its review/rejected/accepted statuses.

(B) In the event Seller receives multiple offers and requests from Cooperating Broker a “Highest and Best Offer” by their client. Listing Subscriber recommend contact Selling Subscriber immediately by verbal communication and followed up by an electronic notification.  

(C) Violation of these Rules will be subject to a penalty pursuant to Section 7.

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 SCCMLS:

Status changes, including final closing of sales shall be reported accurately to SCCMLS by the Participant within two (2) business days after they have occurred. If negotiations were carried on under Section 2.1.1 hereof, the cooperating broker shall report the accepted offers, to the Participant within twenty-four (24) hours after occurrence and the listing broker shall report them to the MLS within two (2) business days after receiving notice from the cooperating broker.

(A) 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 advertise; to file the listing with the MLS; to provide timely notice 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.

(B) It is the responsibility of BOTH the Listing Subscriber and Cooperating Subscriber to assure the SOLD PRICE and closed information is accurately published in the MLS system so information can be DEEMED RELIABLE when compiling and preparing a Comparative Market Analysis (CMA's), Statistical Report, Appraisal, and Broker Price Opinion (BPO). It is recommended for Subscribers to utilize the following MLS forms as a means to confirm accuracy of closed information.

(1) The Closed Status Change Form located through the MLS system Daily Functions/MLS Forms.

(2) The Closed Status Confirmation with Signature located through MLS system Searching Views/Details/Report Dropdown menu.

(C) It is recommended for the Listing Participant and Cooperating Participant to have the Affidavit of Property Value in their closed files in the event SCCMLS conducts an audit on the accuracy of the SOLD PRICE published in the MLS system.

(D) Although not required, Listing Agent is encouraged to upload the Affidavit of Property Value as a means to provide the accuracy of the SOLD PRICE and SOLD DATE.

(E) Violation of these Rules will be subject to a penalty pursuant to Section 7.

Section 2.6 - Reporting Resolutions of Contingencies:

The listing broker shall report to the MLS within two (2) business days that a contingency on file with the MLS has been fulfilled or renewed, or the agreement canceled.

Section 2.7 - Advertising of Listing Filed with SCCMLS:

A listing shall not be advertised by any Participant other than the listing broker without the prior consent of the listing broker.