*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS^® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.

Q:  “My brokerage has a policy to only use the Virginia REALTORS^® standard forms. If I am a listing agent for a property and I receive an offer on a non-VAR form, am I still obligated to share the offer with my client?”

A:  Yes, Standard of Practice 1-7 of the Code of Ethics requires REALTORS^® representing sellers to “continue to submit to the seller all offers and counteroffers until closing…unless the seller has waived his obligation in writing.” A brokerage firm policy cannot supersede the requirements imposed by law or the Code of Ethics. Working with the other agent to agree on the appropriate standard contract to use is perfectly acceptable, but your duty to your client is paramount. As such, any offer received must be presented to your seller-client unless the seller has waived that obligation in writing. 

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