In this hot market, we often hear from buyers’ agents how then can ensure that their offer has been presented. There are two practices that are afforded to you.

The first, is that you can request to be present when an offer is presented to a seller. This is with the understand that the seller and their REALTOR are provided privacy during the discussion of the offer. So, once the offer has been presented, your job is done. There is the caveat to this scenario, that the seller can refuse, in writing, for you to be present. However, for those who are concerned that the offer is not being presented, the fact that the seller must put into writing that you cannot be present is at least a confirmation that they have knowledge of the offer.

The second solution is a change that was made to Article 1 of the Code of Ethics this year. Standard of Practice 1-7 includes the language:

… Upon written request of a cooperating broker who submits an offer to the listing broker, the listing broker shall provide, as soon as practcal, a written affirmation to the cooperating broker stating that the offer has been submitted to the seller/landlord, or a written notification that the seller/landlord has waived the obligation to have the offer presented. …

Please remember it is your obligation under the Code of Ethics to adhere to this request.