NFCAR's Ethics Moment

Volume 4, Issues 1                                                                                    February 8, 2012
Get Offers in Writing 'Whenever Possible'  
Do offers always have to be in writing? Is it unethical if they're not?
Question
Why do some real estate practitioners and buyers insist on presenting offers verbally? Shouldn't all offers and counteroffers be in writing? Is presenting an oral offer a violation of the NATIONAL ASSOCIATION OF REALTORS® Code of Ethics?
Answer
Verbal offers may not be encouraged, but they're also not a violation of the Code. Presenting an oral offer from a buyer is within the concepts of the Code. Standards of Practice 1-6 and 1-7 talk about "offers and counteroffers" yet don't specify "written" offers or "written" counteroffers. Standard of Practice 1-6 states, "REALTORS® shall submit offers and counteroffers objectively and as quickly as possible." And when you're acting as the listing broker, Standard of Practice 1-7 says you shall "continue to submit to the seller/landlord all offers and counter-offers until closing or execution of a lease unless the seller/landlord has waived this obligation in writing." Neither of these requires the offer to be in writing before the obligation to present the offer arises.

 

However, Article 9 states that an agent's obligation is to have agreements in writing "whenever possible." "REALTORS®, for the ­protection of all parties, shall assure whenever possible that all agreements related to real estate transactions including, but not limited to, listing and representation agreements, purchase contracts, and leases are in writing..."

 

Taking these three parts of the Code together, I think it's safe to say that written offers are always preferable. However, Article 9 is a flexible requirement because of the phrase "whenever possible." And because Standards of Practice 1-6 and 1-7 do not limit presentation of offers to those in writing, my ­conclusion is that all offers must be submitted-whether in writing or in the spoken word-but the fact that an offer is done verbally is not a violation of the Code. While it is possible that your state license law may limit presentation of offers to written offers, the Code does not make that distinction.

Reprinted from REALTORS® Magazine Online June 2011 with permission of the National Association of REALTORS®. All rights reserved. Article written by Bruce Aydt. 
To obtain a copy of the Code of Ethics click here

 

 To ask a question, or to suggest a topic for the ethics moment click here
Code Of Ethics
The Northern Fairfield County Association of REALTORS®
15 Stony Hill Rd
Bethel, CT 06801
Ph: (203) 744-7255
Fx: (203) 792-9962
www.nfcar.com         
info@nfcar.com      
 
You have received this email from your local REALTORS® Association, NFCAR, as a benefit of your membership. If you wish for us to use a different email address, please email us at: enterprise@nfcar.com. If you wish to be permanently removed from all  NFCAR email distributions, please email us at: unsubscribe@nfcar.com and type "REMOVE" in the  subject line, or simply reply to this email and type "REMOVE" in the subject line. If you have any questions,  comments, or suggestions, contact Jessica at: (203) 744-7255.
 
Find us on Facebook     View our profile on LinkedIn