If all offers are promptly presented to the seller, that complies with this portion of SC license law.

(H) With regard to offers to purchase real estate, a licensee shall:

(1) upon receipt, prepare all offers in writing and promptly present them to the seller

If all offers are submitted objectively and quickly as possible, that complies with this portion of the NAR Code of Ethics.

• Standard of Practice 1-6 REALTORS® shall submit offers and counter-offers objectively and as quickly as possible. (Adopted 1/93, Amended 1/95)

Avoid texting contract negotiations due to risks. Texting is often too informal for formal legal contract formation. Texting’s issues may get you and your brokerage and your client sued. Texting’s issues may get you and your brokerage facing ethics complaints, license law complaints, and upset consumers.

SCR310 "contract" uses NOTICE/DELIVERY to a physical address, email address, fax number…but not to a text number/application as a way to deter using informal texting during formal legal agreement negotiations/formation.

Use formal electronic documents instead of informal texting for formal contract formation. Currently, SCR provides all members with unlimited e-sign Digital Ink SCR forms to get the speed of texting with the formality of electronic contract documents.

These ideas apply to the buyer side brokerage licensees as well.

Verbal contract negotiations are very high risk for everyone.

NAR CODE OF ETHICS: Article 9

REALTORS®, for the protection of all parties, shall assure whenever
possible that all agreements related to real estate transactions
including, but not limited to, listing and representation agreements,
purchase contracts, and leases are in writing in clear and
understandable language expressing the specific terms, conditions,
obligations and commitments of the parties. A copy of each
agreement shall be furnished to each party to such agreements
upon their signing or initialing. (Amended 1/04)

• Standard of Practice 9-1
For the protection of all parties, REALTORS® shall use reasonable
care to ensure that documents pertaining to the purchase, sale,
or lease of real estate are kept current through the use of written
extensions or amendments. (Amended 1/93)

• Standard of Practice 9-2
When assisting or enabling a client or customer in establishing
a contractual relationship (e.g., listing and representation
agreements, purchase agreements, leases, etc.) electronically,
REALTORS® shall make reasonable efforts to explain the nature
and disclose the specific terms of the contractual relationship
being established prior t

Posted by: Byron King on 2/3/21 (This information is only accurate as of 2/3/21. You must contact SCR for updates and changes to this information after 2/3/21 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)