Legal FAQs for REALTORS®
Status of listings in MLS
One of our firm’s listings has a contract pending. The listing agent wants to leave the property’s status in the MLS as “active” because he believes that some agents won’t show the property for backup offers if it’s listed as “pending.” Is it an MLS rule violation to leave it listed as “active”? (Updated June 25, 2014)
Most MLS rules require that participants accurately report the status of listings and promptly report changes to that status in the MLS. It’s likely that the listing agent would be violating the MLS rules by not reporting the correct status.
My buyer client is on day four of his 10-day termination-option period. I sent a copy of his inspection report to the listing agent along with an amendment for repairs, but the listing agent told us that his client refuses to open the report or negotiate for any repairs. What can my buyer do? (Updated Nov. 12, 2014)
If the buyer is not satisfied with the information in the inspection report or cannot get the seller to agree to requested repairs, the buyer can exercise his right to terminate the contract before his option period ends.
A broker or seller who receives an inspection report is charged with knowledge of the information in the report even if the broker or seller does not open the report. While sellers and listing agents should review inspection reports they receive on the property, a buyer or buyer’s representative can't force them to review the reports. There is also no requirement that sellers agree to or even consider amendments requiring the seller to perform repairs to the property.
Legal Disclaimer: The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.
While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on TexasRealEstate.com. Any legal or other information found here, on TexasRealEstate.com, or at other sites to which we link, should be verified before it is relied upon.