A lot can happen between the time you book a showing and visit the property. Here’s a breakdown of top things to keep in mind with conditionally sold listings. 

Conditional Sale Disclosure Form

All conditional sales must be reported (as directed by the seller) on the CREB^® Conditional Sale Disclosure Form. The listing brokerage will advertise the listing based on the instruction provided by the seller on this form.

Remember, listing agents are required to answer the question about the existence of a conditional offer based on the instructions provided by your seller, as indicated on the Conditional Sale Disclosure Form.

If a seller asks you to not disclose a conditional offer, you still have a legal obligation to provide an answer, so please select “the seller has instructed me not to answer that question” as specified on the form.

Showings

Representing a Seller

If you have a conditionally sold listing in ‘Active’ or ‘Under Contract’ status, showings must still be accommodated.

If your client accepts an offer before a showing, ask them if they would like to inform the upcoming showings that there is now a conditional offer in place.

Representing a Buyer

If your client does not want see properties that are conditionally sold, it’s recommended to contact the listing agent before the showing time to see if the listing status has changed.

Once the listing agent has provided the answer to if a property is conditionally sold, you and your client can decide whether to view the property. If the buyer wants to view the property, the showing should be confirmed. If the buyer is not interested, the showing should be cancelled.

Failure to accommodate showings because a property has a conditional offer but remains ‘Active’ or ‘Under Contract’ in the MLS^® System, will be investigated by CREB^® Member Practice as per the CREB^® Rules Part III 2.03(b).

ShowingTime requests

If the seller’s agent does not respond to a question asked through ShowingTime when a showing is booked, it’s important for the buyer’s agent to follow up through other means of communication, such as call or email, in case the original message was missed. As a reminder, it is not acceptable for an agent to deliberately refuse to answer.

If you are the listing agent, please make sure you are checking to see if any questions have come through prior to the showing.

If there has been no response from the listing agent after follow-ups, the seller’s agent can ask their broker to connect with the listing agent’s broker. If a resolution can not be found, then the seller’s agent can contact CREB^®.

For questions on the conditional sale disclosure form and conditional sales, please contact CREB^® Member Practice at mp@creb.ca or 403-781-1336.