Thursday, March 3, 2016

Seller's Waiver Form - How and Why is it Important


What is the form titled "SELLER'S WAIVER OF ENTRY INTO THE NEFMLS AND ADDENDUM TO THE LISTING AGREEMENT".

This form/addendum was released in December of 2014 and is to be used anytime a listing will not be entered into the NEFMLS database within the 24 hour time frame stipulated by Rules & Regulations.  Once completed, the Seller's Waiver form/addendum is to be sent to the NEFMLS office within 24 hours of obtaining signature(s) on the listing agreement (see form for details).

It is not illegal or unethical to privately market a listing as part of a "coming soon" campaign, for example,  but we caution that it can be complicated.  This type of decision MUST BE MADE WITH THE SELLER'S BEST INTEREST IN MIND (see Code of Ethics - Article 1) and can be justified as such to avoid an issue.  You should always disclose the Pros & Cons of using such a strategy with your seller  In general, maximizing exposure often times brings higher selling prices and more potential buyers. 

You are also cautioned to watch out for possible Fair Housing Violations.  Limiting advertising to a select group or medium could be construed as a violation of any/all Fair Housing laws.

Watch this video from Florida Realtors for more information.

The "Seller's Waiver of Entry into the NEFMLS and Addendum to the Listing Agreement" form outlines issues the Seller should consider and understand before signing.  It is also intended to help protect all parties involved in the transaction.

To access from Flexmls, go to Daily Function>Forms/Info>RealtyWEB.Net Listing Agreements.  

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