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Aug 18, 2020

Best Practice for Conditional Sales

By CREB®

With the new provincial harmonized rules now in effect, it’s important to follow best practice to protect yourself and your client when managing a conditional sale.

Upon acceptance of a conditional offer, a listing must be reported Pending in the MLS® System unless instructed by the seller in writing to maintain the listing in Active status.

A conversation MUST be had with your client laying out the pros and cons of a Pending or Active status, and the following points should be discussed before a decision is made:

Pending Status means:

  • The Brokerage will disclose the existence of a conditional offer
  • The property will not display on third party websites such as REALTOR.ca
  • The Brokerage will not actively market the property for sale and showings will not be permitted
  • It is the client’s choice if they want a pending sale acknowledgement on their signage

This conversation must occur within 2 business days of an accepted offer, otherwise you could be in breach of CREB® Rule Part III 6.01(a). 

Please note, there is no requirement to have this conversation documented in writing, however, best practice would be that you do.

If the seller wants to keep the listing Active with a conditional offer, instructions must be obtained in writing by the seller and kept in the brokerage file. AREA has a Conditional Sale Disclosure Instruction Form that can be used.

If you have further questions about pending sales in the MLS® System, please contact mp@creb.ca.


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