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Compliance Corner #56
May 16, 2022
My new listing has an accepted offer... Now what?
As a listing agent, you must report a change in status within 24 hours of a written acceptance. If the Listing Agent does not report the status change in the allotted time, the sales agent/office can contact SMARTMLS to report the change.
When you get an accepted offer on a property and go into Matrix to update the status of the listing, you might wonder which status you should choose: Under Contract- Continue to Show (UC-CTS) or Under Contract (UC). These two statuses look and sound quite similar, which can sometimes lead to confusion.
Here are the full definitions of each, per SmartMLS Rules & Regulations:
Under Contract-Continue to Show (UC-CTS) - Means that either (i) have executed and delivered a purchase and sale agreement or, if earlier, (ii) have executed and delivered a written bilateral offer to purchase, and, in either case, contingencies remain and the Seller requests that the Listed Property remain on the market for backup offers.
Once a listing has been in the UC-CTS status for 60 consecutive days, the status will automatically change from UC-CTS to UC and remain that way until reported as Closed.
Under Contract (UC) - The status of a listed property when the Seller and the potential buyer of the listed property either (i) have executed and delivered a purchase and sale agreement or, if earlier, (ii) have executed and delivered a written bilateral offer to purchase, and, in either case, the Seller has not requested that the Listed Property remain marketed for back-up offers. Each Under Contract Listing shall be considered to be “off market”.
The major difference between these two statuses comes down to whether or not the seller would like the property to remain on the MLS for backup offers and additional showings.
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If the seller would like to continue to entertain offers and have the property be shown to other interested parties, the listing must be marked Under Contract- Continue to Show.
- If the seller does not want to deal with backup offers or have any more showings, the listing must be marked Under Contract.
Some additional notable information about UC-CTS and UC:
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- Neither status will expire in Matrix.
- Neither status is determined by a deposit check.
- Neither is dependent on the satisfaction of any contingencies or conditions of the contract that must be met prior to closing.
- You cannot go directly from Under Contract- Continue to Show to Closed. You must always mark the listing Under Contract first.
- Days on Market (DOM) will continue to accrue after a listing is marked UC-CTS; it stops accruing once a listing is marked UC.
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In the summer of 2021, SmartMLS created a new sub-category for the Active status, known as Under Agreement (UA). This was designed for those instances where, rather than having a binding contract in place, you have a meeting of the minds that has been documented by a memorandum of terms, offer to purchase or other type of non-binding agreement. These listings remain in the MLS as an Active status listing, but are required to use the Under Agreement flag. Doing so allows other agents and their buyers to know that the property is still for sale but is currently subject to a non-binding agreement.
In instances where a listing with an Under Agreement flag cannot be shown, the status must be changed to Temporarily off Market (TEMP) with the Under Agreement flag remaining in place.
Once a non-binding agreement is converted to a contract, the status must be changed to UC-CTS or UC.
The Compliance Team values your opinions, comments and suggestions!!!
Never hesitate to contact us at compliance@smartmls.com or 203-750-6000!
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