Section 2.3: Right Of Cooperating Broker In Presentation Of Offer

Right Of Cooperating Broker In Presentation Of Offer

The cooperating broker or his or her licensee(s) has the right to participate in the presentation to the seller or lessor of any offer he secures to purchase or lease.  The cooperating broker or his or her licensee(s) does not have the right to be present at any subsequent discussion or evaluation of that offer by the seller(s) 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 or lessor’s written instructions.  None of the foregoing diminishes the listing broker’s right to control the establishment of appointments for such presentations.

Where the cooperating broker is not present during the presentation of the offer, the cooperating broker can request in writing, and the listing broker must provide, written affirmation stating that the offer has been submitted to the seller, or written notification that the seller has waived the obligation to have the offer presented.

 

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