OneKey® MLS has removed rules that required listing brokers to obtain or provide written acknowledgment that an offer was presented and that permitted cooperating brokers the right to participate in the presentation of an offer unless instructed otherwise by the seller in writing.
These changes are part of recent updates to the OneKey® MLS Rules informed by guidance from the National Association of REALTORS to more clearly separate what the MLS regulates from what is already governed by law and the REALTOR® Code of Ethics.
The goal is to avoid duplication and reduce confusion by removing MLS rules in areas, such as offer presentation and acknowledgment, that are already addressed through legal and ethical standards.
This article explains:
what changed in the OneKey® MLS Rules
what obligations remain in place
what forms customers should use
how the process works today
where to direct complaints or concerns
What Changed
OneKey® MLS has removed:
- Rule 406 – Cooperating Broker/Subscriber’s Right to Confirm the Presentation of Offers
- Rule 405 – Presentation of Offers
Under these rules, the MLS previously required:
- use of an Offer Acknowledgment Form
- delivery of that form to the seller and return to the cooperating broker
- a seller’s signature or verifiable electronic acknowledgment
- a sworn declaration if the seller refused or was unable to sign
- compliance with MLS-defined timelines
- cooperating broker participation in the presentation of offers unless waived in writing by the seller
- provision of that written waiver to the cooperating broker upon request
What this means
As a result of these changes:
- the MLS no longer requires a specific acknowledgment process
- the MLS no longer provides or requires use of an Offer Acknowledgment Form
- the MLS no longer provides or requires a Sworn Declaration of Offer Presentation
- the MLS no longer regulates whether a cooperating broker participates in the presentation of an offer
- the MLS no longer enforces timelines related to acknowledgment or confirmation
What Has Not Changed
The removal of Rules 405 and 406 does not eliminate the underlying obligation to present offers or, where applicable, provide confirmation.
Those obligations continue to exist under:
- applicable law
- fiduciary duties owed to clients
- the REALTOR® Code of Ethics
Under the Code of Ethics:
- REALTORS® must protect and promote the interests of their client (Article 1)
- Offers and counteroffers must be submitted objectively and as quickly as possible (Standard of Practice 1-6)
- Listing brokers must continue to submit all offers and counter-offers until closing or execution of a lease unless the seller or landlord has waived that obligation in writing (Standard of Practice 1-7)
- Upon written request, the listing broker must provide, as soon as practical:
- written affirmation that the offer was presented, or
- written notice that the seller or landlord waived the obligation to have the offer presented
There is no MLS-defined timeframe. Timing is governed by professional standards and the agent’s duty of care.
What This Means in Practice
From an MLS perspective, the key distinction is:
The obligation remains. The MLS-specific process does not.
Listing brokers should understand:
- Offers must continue to be presented consistent with law, fiduciary duties, and professional standards
- Offers must be submitted objectively and as quickly as possible
- Offers must continue to be presented until closing or lease execution unless waived in writing
- Upon written request, listing brokers must respond as soon as practical with:
- written confirmation the offer was presented, or
- written notice of a valid written waiver
Cooperating brokers should understand:
- You may still request written confirmation that an offer was presented
- The MLS no longer mandates a OneKey® MLS-specific form or process
- The Code of Ethics provides the applicable framework for written confirmation
- Participation in the presentation of offers is no longer governed by MLS rule
Brokers and managers should understand:
- Brokerage policies may govern internal practices for offer presentation and documentation
- The MLS no longer enforces a specific workflow or documentation requirement
- Documentation remains a best practice for risk management
Documentation and Forms
OneKey® MLS no longer requires or provides:
- Offer Acknowledgment Form
- Sworn Declaration of Offer Presentation
What to Use Going Forward
Customers should use the NYSAR “Affirmation Request: Presentation of Purchase Offer” form when requesting or providing confirmation that an offer was presented.
This form aligns with the REALTOR® Code of Ethics, specifically Standard of Practice 1-7.
How the Process Works
- A cooperating broker may send the NYSAR Affirmation Request form to the listing broker
- The listing broker must respond as soon as practical by completing the form and indicating one of the following:
- the offer was presented to the seller, or
- the seller has waived, in writing, the obligation to have the offer presented
Important Note on Waiver
The listing broker should only indicate that the seller waived the obligation to have the offer presented if that waiver has been made in writing.
MLS Position
- Use of the NYSAR form is recommended
- Use of any specific form is not required by OneKey® MLS
- OneKey® MLS does not enforce completion or return of any specific form
Complaints and Enforcement
Because Rules 405 and 406 have been removed, disputes regarding offer presentation are no longer handled through an MLS-specific acknowledgment or participation process.
If you believe an offer was not properly presented
Customers should pursue the appropriate channel:
Code of Ethics complaint
- Filed through the local REALTOR® association
- Appropriate for concerns involving:
- failure to present an offer
- failure to provide written confirmation upon request
Licensing complaint
- Filed with the New York Department of State
Broker supervision
- Concerns may also be addressed through the supervising broker
MLS enforcement
OneKey® MLS will continue to enforce its Rules within its scope.
Matters involving:
- fiduciary duty
- ethical conduct
- agency obligations
are addressed through legal, ethical, or brokerage channels rather than MLS rule enforcement.
Frequently Asked Questions
Do listing brokers still have to present offers?
Yes. Offers must continue to be presented unless waived in writing.
Is a listing broker required to provide acknowledgment?
Not by MLS rule, but written confirmation must be provided upon written request.
What form should I use?
The NYSAR Affirmation Request form.
Can cooperating brokers participate in presentation of offers?
The MLS no longer regulates this.
Does the MLS enforce timelines?
No.
What if a seller does not want offers presented?
That waiver must be in writing.
Summary
These changes remove MLS-specific processes related to offer presentation and acknowledgment. They do not remove the underlying obligations.
From a OneKey® MLS perspective:
- the MLS no longer prescribes how offers are acknowledged or documented
- the MLS no longer requires specific forms or timelines
- customers remain responsible for complying with law and the Code of Ethics
The responsibility to present offers remains. The MLS no longer dictates the method.