News Bulletin - April 22, 2021 #2

Board of Directors Updates
Multiple Offers & Confidentiality

Board of Directors Updates

Election Results

The election for a position on the Commission's Board of Directors opened at 9am on Monday and closed at 4pm on Wednesday. Congratulations to Gary Mailman, salesperson of Exit Realty Inter Lake, for securing the most votes. This year’s election had 34.2 per cent of licensees casting ballots. In last year’s election, 49.3 per cent of licensees cast ballots. Thank you for voting!

NSAR Appointment

Anne DaSilva, broker for Keller Williams Select Realty, was appointed by the NSAR to the Commission Board of Directors for a three-year term. Welcome Anne!

Outgoing Board Members

The Commission staff and Board of Directors wish to thank Susan Green and Mary MacDonald for their dedication and service. Susan Green, broker for Coldwell Banker M.B. Green Realty, served one three-year elected term. Mary MacDonald, broker for Walt MacDonald Real Estate Ltd., served two three-year appointed terms, and most recently served as Chairperson.

Chair and Vice Chair Election

Following the AGM, the Commission's Board of Directors held an election for chairperson and vice chairperson. Linda Smardon, broker of Exit Realty Metro, is the new chairperson of the Commission and Greg Taylor, broker for Colliers International is vice chairperson. Congratulations Linda and Greg!

Multiple (Competing) Offer Situations & Confidentiality

The handling of multiple offers is defined in by-law 702, Article 12:

An industry member shall present all written offers and counter-offers as objectively and quickly as possible. This must be done within the specified timeframes or a written extension must be obtained. An industry member shall not withhold or delay the presentation of an offer without the express written consent of the client. When there are multiple offers, an industry member acting on behalf of the seller must disclose to all potential buyers or their agents that there are multiple offers, unless otherwise instructed by the seller in writing, but must not disclose to any other person the specific terms and conditions of other offers.

Whether to disclose a multiple-offer situation to respective buyers is entirely up to the seller. The decision on whether to disclose is documented in clause 8 of the Seller Designated Brokerage Agreement or clause 6 of the Seller Brokerage Agreement. The seller's representative must follow the seller’s lawful instructions. Should a seller change their mind regarding whether to disclose that there are multiple offers, the Brokerage Agreement must be amended accordingly.

In summary, if you are the seller's representative and have received multiple offers and have instruction to disclose to competing buyers:

• Inform the seller immediately.
• Recommend the seller review every offer prior to making a decision.
• Do not disclose specific terms or conditions of the offers, either directly or implicitly, to any of the competing buyers or any other persons.
• Disclosing specific terms or conditions of multiple offers, either directly or implicitly, to respective competing buyers or any other persons is a violation of Commission by-law 702, Article 12.

For example, do not disclose:

• Price
• Closing date
• “You are in the top three”
• “Other offers are higher”
• “Do you want to increase?”

These are all violations of by-law 702, Article 12.