Northeast Association of REALTORS®

Legal Insights: REALTOR® Ethics: Showings After Offer, Selling Own Home & Dual Affiliation

6/3/2025

Is the seller allowed to continue to show the property and negotiate offers after they already accepted an offer?

Yes, the seller is free to direct their agent to continue to market the property even after they are under contract with a buyer. While the agent will have to comply with any marketing rules from the applicable MLS, and be transparent to any inquiring consumer, the seller’s agent is obligated to follow the lawful instructions of their client. These instructions may include continuing to show the property, host open houses and even negotiate backup offers. As a best practice, memorialize any seller instructions in writing.

It is important to make it clear to prospective secondary buyers that there is already an accepted offer in place and that any subsequent offers will serve as backup offers. Backup offers are legally binding agreements that are considered "accepted" once the first offer is terminated. While they offer a safety net to the seller, they may also be an opportunity for the secondary buyer to consider.

As a REALTOR®, can I sell my own property?

Yes, a REALTOR® can sell their own home as the principal owner of the property. However, it is important for the licensee to disclose their ownership interest, their licensee status and their REALTOR® membership. Both the Board of Registration of Real Estate Brokers and Salesmen Professional Standards of Practice (254 CMR 3.11) and Article 4 of the Code of Ethics, require REALTORS® with a current ownership interest in a property for sale or lease make a disclosure of this interest in writing to all parties involved in the transaction.

As a best practice, this transaction should be treated like any other transaction. As a seller, the property owner is required to disclose any presence and hazards of lead paint through the Property Transfer Lead Paint Notification Certification and if the property is serviced by a septic system, providing a Title V inspection report. At the same time, even though the licensee may be acting in their capacity as owner, they cannot shed the legal requirements attached to their real estate license such as agency and 93A disclosures. Before marketing a property, you own for sale, be sure to discuss this listing with your broker to see if any office policy may apply.

Can a licensee affiliate with more than one principal broker?

It depends on what license they hold. Massachusetts General Laws Ch. 112, § 87RR provides: “No salesman shall be affiliated with more than one broker at the same time.” While the law makes clear that a salesperson may only hang their license with one broker, the law is silent as to those professionals that hold a broker’s license. Therefore, a broker may be able to affiliate with multiple brokers, and work for themselves provided those broker policies allow it, and the principal brokers reach an agreement considering boundaries, practices and risk management.

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