WinnipegREALTORS® recognizes that there can be legitimate reasons for a listing brokerage to agree to changes to the original listing contract. However, any changes must not affect the protection offered to the other members of the MLS®. A system is in place to permit the transfer of an MLS® from one member brokerage to another member brokerage.
From time to time, a situation may arise where there is conflict between a seller and agent and the seller is genuinely unhappy with the services of a listing agent. When such an event occurs, and where the broker or manager is unable to reconcile the differences and agrees to the transfer, the Transfer Agreement can be used to transfer the current listing to another member of WinnipegREALTORS®. The listing remains active and the new agent/brokerage and the seller can make changes to the listing such as price reductions or extensions to the expiry date.
It is important to note that in order to implement the Transfer Agreement, both the original listing brokerage and the new listing brokerage, together with the seller, must agree to the transfer. If any of these three parties fail to agree, then the original contract remains in effect.
It is important to remember the following regarding Transfer Agreements:
- If a seller wants to transfer the listing it is the seller who should be speaking to the listing agent/broker regarding the transfer.
- The original listing brokerage must initiate the Transfer Agreement paperwork. That way the new listing brokerage is not accused of interference in the contractual relationship between the original listing brokerage and the seller. The exception to this would be if the original listing brokerage gives permission for the new listing brokerage to initiate the paperwork.
- WinnipegREALTORS® requires the signature of both the original and the new listing broker on the Transfer Agreement.