This code comprehension resource answers a frequently asked question in regards to a REALTOR’s ethical duty to cooperate, as outlined in Article 3. A downloadable PDF has also been made available as a training resource to be distributed among members.
Downloadpdf (131 KB)
Q: A broker who does not belong to a REALTOR® association or MLS wants to show a property I have listed. Can I decline to make the property available?
A: No, you cannot decline to make the property available based on the buyer agent’s membership status or lack of access to the MLS in which you participate. Article 3 of the Code requires REALTORS® to cooperate with other brokers in their client’s best interest. REALTORS® are obligated to share information on the property they have listed and to make the property available to other brokers for showing regardless of the cooperating broker’s membership status or whether they participate in the MLS you access. This ethical duty to cooperate does not, however, create a duty to compensate. Compensation in a cooperative transaction may result from an offer made by the listing broker. When dealing with brokers working with buyer/tenants, the listing broker should discuss compensation, if any, with the cooperating broker prior to the time an offer to purchase/lease is submitted.
Standard of Practice 3-1 provides:
“When acting as exclusive agents or brokers of sellers/ landlords, REALTORS® will work with sellers/landlords to establish the terms and conditions of offers to cooperate. Unless expressly indicated in offers to cooperate, cooperating brokers may not assume that the offer of cooperation includes an offer of compensation.”
