RealTown Articles

Many of the articles are written by the San Diego law firm of Kimball, Tirey & St. John  - http://www.kts-law.com/  We appreciate their input.

John

It will be great to see guest posters who teach legal issues in our industry. A great resource for REALTORS and instructors.

Amy Chorew amy@amychorew.com

Who knows agency law better than John. John, will you be posting something about it? How about if I start by asking you a question: If it's in the buyer client's best interest to have a buyer agent present his/her offer to purchase a property (for reasons such as knowing the buyer's needs, wants, flexibility, and the agent's ability to use negotiation strategies), why is the buyer agent so willing to be subject to the listing agent's request that all offers be presented to the listing agent? Isn't it incumbent on the buyer agent to push the issue, really represent the interests of his/her client, inisist on a copy of the letter from the seller saying the seller doesn't want offers presented to him/her, only to his/her listing agent? Shouldn't the buyer agent ask his/her buyer to put a clause in the purchase offer requesting (making it contingent?) the buyer agent presenting the offer? Why are buyer agents so wimpy? All I keep hearing in the ABR class is "we don't do it that way!"

If I were a buyer's agent, I would follow your advice, Joe, and push the issue. I would first check my local MLS rules which sometimes specifically address the question of whether the buyer's agent can be present at the time the listing broker presents the buyer's offer to the seller.....and covers the applicable ground rules such as the buyer's agent can discuss the offer but needs to exit when the listing agent and seller want to have a private discussion.

The buyer has a right to insert whatever contingencies they want. The buyer's agent should discuss with their client the pros and cons of any contingency provision.

I searched the NAR Code of Ethics and Case Interpretations but did not find the issue covered specifically.

I did find this provision in the NAR Model MLS Rules - source: http://realtor.org Member only section for MLS.

"Cooperating participants or their representatives have the right to participate in the presentation of any offer they secure to purchase or lease to the seller or lessor. They do not have the right to be present at any discussion or evaluation of the offer by the seller or lessor and the listing broker. However, if a seller or lessor gives written instructions to a listing broker that cooperating brokers may not be present when offers they procure are presented, cooperating brokers have the right to a copy of those instructions. This policy is not intended to affect listing brokers' right to control the establishment of appointments for presentation of offers. "
(Adopted 11/04) M (mandatory)