Can a commission listed in the MLS be changed once an offer has been submitted?

Question: Can a commission listed in the MLS be changed once an offer has been submitted?

Answer: Yes it can, but only when both parties consent to the change. The value of the MLS is that it serves as the unilateral offer of compensation amongst members. Therefore, if a commission is offered in the MLS it is considered the agreement of the parties once an offer has been received. If an offer has not been received then it is acceptable to change the offered amount. The only way to change a commission after the offer has been received is to have the change agreed to by both parties by executing a written document stating the change. Submitting a contract for the property with a different commission offered on page nine of the contract does not satisfy this requirement.

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