10.1     Showings and Negotiations.  Appointments for showings and negotiations with the seller for the purchase of listed property filed in the MLS Database shall be conducted through the listing broker except under the following circumstances:

(a)        The listing broker gives the cooperating broker specific authority to show or negotiate directly, or, if the listing broker is having all showings and negotiations conducted solely by the seller, the listing broker shall clearly set forth such fact in the confidential remarks filed with BAREIS; or

(b)        After reasonable effort and for no less than 24 hours the cooperating broker cannot contact the listing broker or his or her representative.  However, the listing broker, at his or her option, may preclude such direct negotiations by the cooperating broker by giving notice to all Participants through the MLS Database.

The cooperating broker shall notify the listing broker of the sale as soon as possible, and shall mail or deliver a copy of the sale contract to the listing broker within three Business Days after the contract has been fully signed. (Effective 11/01/07) 

10.2     Submitted Listings with “Do Not Show” Instructions.  If a property is listed in the MLS Database with an active status containing remarks that instruct cooperating brokers not to show the property for more than three Business Days, an “Authorization to Exclude from MLS,” signed by the seller, must be submitted to BAREIS within three Business Days of the listing date.  The confidential remarks must indicate if offers are being accepted during the “do not show” period, and, if not, when offers will be accepted. (Effective 11/01/07) 

10.3      Listing Broker’s Permission.  No Member may physically enter a property, with or without a lockbox, without the listing broker’s permission and without following the listing broker’s instructions.  Permission to use the lockbox may be granted by the listing broker through the MLS Database.  Appraiser Participants are expressly prohibited from using lockbox keypads to enter a property without either the owner’s or the listing broker’s permission.  Showing instructions contained in the MLS Database do not satisfy the appraiser-permission requirement.

10.4      Procedures for Presentation of Offers.  The listing broker must make arrangements to present an offer as soon as possible, or give the cooperating broker a satisfactory reason for not doing so.  In the event a listing broker will not be participating in the presentation of offers, the listing broker shall clearly indicate this fact in the confidential remarks in the listing information filed with BAREIS.

10.5     Submission of Offers.  Unless precluded by law, governmental regulation, or instruction by the seller, the listing broker shall submit all offers to purchase to the seller until the closing of the sale, or expiration or termination of the listing agreement. 

10.6     Right of Cooperating Broker in Presentation of Offer.  The cooperating broker has the right to participate in the presentation of any offer to purchase that he or she secures, but does not have the right to be present at any discussion or evaluation of that offer by the seller and the listing broker.  The cooperating broker shall convey the offer to the listing broker for presentation if the seller gives written instructions to the listing broker requesting that the cooperating broker not be present during offer presentation.  The cooperating broker has the right to receive a copy of the seller’s written instructions from the listing broker in that regard.  Nothing in this Regulation 10.6 shall diminish or restrict the listing broker’s right to control the establishment of appointments for offer presentations. 

10.7    Right of Listing Broker and Presentation of Counteroffers.  The listing broker has the right to participate in the presentation of any counteroffer made by the seller.  The listing broker does not have the right to be present at any discussion or evaluation of a counteroffer by the buyer.  However, if the buyer gives written instructions to the cooperating broker that the listing broker not be present when a counteroffer is presented, the listing broker has the right to a copy of the buyer’s written instructions in that regard. 

10.8    Delayed Offer Presentation.  A listing broker at the direction of the seller may establish a date for presentation and review of all offers.  The listing broker must accept/receive all offers for presentation up to and on the specified date. If an offer is presented and accepted prior to the date, the listing broker must notify in writing all brokers submitting offers, and may be subject to disciplinary action for violation of Rule 9.10 Accuracy of Data.

10.9    Member as a Buyer.  If a Member wishes to acquire through one or more intermediaries an interest, direct or indirect, in a property listed with another listing broker, such contemplated interest shall be disclosed by such Member to the listing broker in writing prior to the time an offer to purchase is submitted to the listing broker

10.10     Refusal to Sell.  If the seller of any listed property in the MLS Database refuses to accept a written offer satisfying the terms and conditions stated in the listing, such fact shall be included in the confidential remarks section of the listing.