After further consideration by the Board of
Directors, Rule 4 has been amended to require brokers who list
property but decline to provide certain customary services to
sellers to disclose the nature of their limited services in the
Agent Remarks section. In addition, under the amended rule, NWMLS
will not accept listings if the listing member will not receive
notices, notices of acceptance, and revocations of offers and
counteroffers on behalf of the owner. The Rule provides as
follows:
4. Listings Not Eligible.
The following listings will not be accepted by
NWMLS and shall not be taken on a NWMLS Listing Form:
(a) Net listings;
(b) Open listings;
(c) Undivided interests in property,
including tenancies in common, real estate investment trusts,
and limited partnership interests,
except for timeshares under Rule 5;
(d)
Listings for which the listing member will not receive notices,
notices of acceptance, or revocations of offers or counteroffers
on behalf of the owner; and
(e)
Listings for which (i) the listing member requires or desires
selling licensees to contact the owner directly to obtain
property information, schedule showings, or negotiate contract
terms; or (ii) the listing member will not assist the owner in
preparation or review of contract documentation, unless the
limitations set forth in this subsection (e) are disclosed in
the Agent Remarks. Such a disclosure by the listing member will
constitute approval of the conduct of any other member
consistent with such disclosure.
The amended Rule is designed to require listing
members to accept notices, notices of acceptance and revocations of
offers and counteroffers as provided in the purchase and sale
agreements. It is also designed to help the listing member
communicate with the selling member so that both agents know how
best to proceed with showing and sale. For example, the Rule makes
clear that a selling member can communicate directly with a seller
without first notifying the listing member as (as otherwise
required by Rule 125) if the listing member discloses that
showings should be arranged directly with the owner.
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