Paragraph 7C added language which recognizes that there is no statewide policy on how to handle Days on Market, so the best approach is to have a discussion between broker and seller. Paragraph 10C was added to contractually address buyer letters. C1 discloses the FHDA form as a resource and the purpose of a buyer letter. C1 also mentions the potential for a buyer letter to used in the wrong way, intentionally or not. Seller is advised that broker will not review the letter so the broker does not have to make the legal judgment of whether the letter contains information that might violate fair housing laws. C2 is an instruction by the seller not to present buyer letters and to add such an instruction into the MLS. C2B allows a seller to accept such letters. Note that it is possible, difficult but still possible, to have a letter that does not violate fair housing laws or for a seller to use such a letter for proper purposes. However, because of the difficulty, if the seller chooses to accept such letters, seller is advised to seek legal counsel. As stated in C1, broker will not read the letter or evaluate their contents. Language is added to 10E to identify additional reports that a seller might want to order at time of listing. One of those is the NHD report. Previously, such reports were only provided to buyers but sellers may need to review those reports so the seller can determine if a disclosure is required for fire hardening or defensible space.
Revised June 2021