Q: Can I discuss and/or negotiate terms of a future contract with a client?

A: A licensee may discuss and negotiate the terms of a future listing agreement, buyer representation agreement or facilitator services contract directly with a seller or buyer knowing that the seller or buyer has an exclusive written contract for representation or assistance with another broker as long as the consumer initiates the conversation. However, a licensee must inquire of the seller or buyer whether an exclusive contract for representation or assistance exists before entering into any discussions with the consumer and the licensee MAY NOT enter into a contract until after the consumer’s existing contract expires.

The Minnesota Association of REALTORS® is the largest professional trade association in the state with more than 17,000 members who are active in all aspects of the real estate industry.  

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