Short Sale Listings
(Article 4.1-1C)
In instances where the listing broker becomes aware that the listing price may not be sufficient to permit seller to fully satisfy all encumbrances and pay seller’s closing costs, including the listing broker’s offer of compensation (a “Short Sale Circumstance”), the listing broker may:
(1) Obtain seller’s informed written consent (in either the listing agreement or an addendum thereto) to disclose the Short Sale Circumstance to cooperating brokers, buyers and the public;
(2) Clearly and promptly disclose the Short Sale Circumstance to all cooperating brokers and, when and if appropriate, disclose that the sale of the listed property may be conditioned upon the approval of a court, a lender, or other third party. Such disclosures may occur at any time, but it is suggested they occur at the time of MLS input, if known, or within one (1) business day upon receipt of knowledge. Such disclosure may be included in the “Realtor Only Remarks” and the “Public Remarks” Sections of the listing. If after the initiation of negotiations the listing broker receives knowledge of the existence of a Short Sale Circumstance, or that the sale of the listed property may be conditioned upon the approval of a court, a lender, or other third party, then such disclosures may be made in writing in the “Realtor Only Remarks” and “Public Remarks” Sections of the MLS listing and in either the Contract for Sale and Purchase or an addendum thereto. This disclosure must be word-by-word and disclosed at the time of input, if known, or within one (1) business day upon receipt of knowledge.
“Listing price may not be sufficient to cover all encumbrances, closing costs, or other seller charges and sale of Property at full listing price may be conditioned upon approval of third parties. Call for details.”
An offer of compensation to cooperating brokers which states that it may be adjusted after execution of a contract for sale and purchase by a third party without the consent of the cooperating broker, is not an unconditional offer of compensation under these rules.
Contracts which are subject to approval by a court, lender or other third party must be reported as “pending” consistent with Article 4 Section 15 of these Rules.
