Section 5.6: Withdrawal of Listing Prior to Expiration
Posted by PRO Mon, 20 Mar 2006 11:03:00 GMT
With the seller’s written permission, a property listing may be withdrawn from the MLS by the listing Participant prior to the expiration date on the listing contract. A withdrawn listing must be recognized as either
- Conditional. A conditional withdrawal means there are conditions to be met before the seller is free to list with another broker. In some cases, the seller has an obligation to the listing broker until the listing expires. Conditional withdrawals are not available to be solicited by other brokers.
- Unconditional. An unconditional withdrawal means the listing is withdrawn without any terms or conditions the seller has to meet before the seller is free of any obligation to the listing broker. These listings may be solicited by other brokers.
Note: A withdrawn listing cannot be treated the same way as an expired listing. A Participant who wishes to solicit a listing from a seller must always check to determine if the seller has a continuing obligation to the original listing broker.
The listing Participant must provide a copy of the withdrawal agreement between seller and Participant if the MLS requests it.
Note: Sellers do not have the unilateral right to require an MLS to withdraw a listing without the listing Participant’s concurrence. However, when sellers can document that their exclusive relationship with the listing Participant has been terminated, the MLS may remove the listing at the seller’s request.
The following violations are subject to the Progressive Fine and Rules Schedule as stated in Section 10.1:
Failure to notify or file with the MLS the following changes within two business days after all signatures have been obtained.
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Withdrawing a listing prior to the expiration date of the contract without the signature of the Seller and the Participant. Withdrawal of the listing prior to the expiration date and reinstating or relisting the property in order to affect the days on market calculation or to make the listing appear on a hot sheet. |