FACTS: The buyer’s broker submitted a full price cash offer for a property to the listing agent.  The listing agent has not acknowledged receipt of the offer and repeated phone calls to the listing agent have gone unanswered. 

ISSUE: May the buyer’s broker submit the offer directly to the seller? 

ANSWER: See Discussion. 

DISCUSSION:

The Administrative Code provides that, except for owner listed properties, negotiations must be conducted exclusively through the client’s broker or broker’s representative unless: (1) the client waives this requirement in writing; and (2) no licensed representative of the broker is available for 24 hours.  See A.A.C. R4-28-1102.  Therefore, the buyer’s broker should contact the listing agent’s broker and request a response.  If no licensed representative of the listing broker is available for 24 hours, the buyer’s broker should contact their designated broker regarding the process to obtain the seller’s written waiver.