(a) If a Responsible Broker or licensee
acting on his behalf, under his supervision or within his control, prepares an
instrument, they shall deliver a hard or electronic copy of the document
contemporaneously with the signing of such document. Such instruments include,
but are not limited to, written listing agreements, consummation of a lease,
purchase, sale or exchange of property, or any other type of real estate
transaction document. It is the responsibility of the Responsible Broker or
licensee acting on his behalf to prepare sufficient copies of such instruments
to accomplish this end.
(i) Nothing herein
shall be construed to permit the licensee to withhold such delivery in order to
obtain other signatures on such instrument, or for any other reason.
(ii) Readily available and properly indexed
copies of all unrecorded documents shall be retained by the Responsible Broker
for a minimum of two (2) years.
(b) The Responsible Broker or licensee acting
on his behalf shall prepare the purchase offer and acceptance form, exchange
contract form or other inducement document form for the voluntary transfer of
freehold or non-freehold real estate to include but not be limited to:
(i) The name and address of the real estate
company;
(ii) The date of offer by
offeror;
(iii) Real estate
description that will adequately identify the real estate;
(iv) Enumerated and described personal
property included in the transaction may be referenced by addendum;
(v) Total amount of purchase price. For a
lease or rental agreement, the total amount of rent payments, if applicable, or
the periodic rate;
(vi) Total
amount and type of earnest money deposit, damage, security or other deposits
and any understanding for the return of all or part of the deposits;
(vii) Complete and accurate description of
all contractual conditions including balance of purchase price, rent or lease
payments or management fees and terms or conditions of payment;
(viii) Date of actual or constructive
possession and assignment of leases or referenced to closing date;
(ix) Specified date of closing;
(x) Date that offering document
expires;
(xi) Signature of the
Responsible Broker or his agent upon receipt of monies or other valuable
property coming into his possession which belongs to others;
(xii) Date of acceptance of offer by
offeree;
(xiii) All changes made to
an offer or counter-offer shall be dated and initialed by all parties to the
contract;
(xiv) When an offeror
makes an offer which is accepted by the offeree, the licensee interacting with
the offeree shall immediately notify the offeror or the licensee interacting
with the offeror of the acceptance;
(xv) If contract terms are amended or
extended, a written agreement form to amend or extend shall be prepared and
shall be signed by all parties to the transaction;
(xvi) All offers presented by a licensee and
rejected by the offeree shall be so rejected in writing upon the offer form
presented. The licensee shall deliver a copy of such offer with the written
rejection thereon to the offeror or the licensee working with the
offeror;
(xvii) Should an offeree
authorize the licensee to reject on his behalf or refuse to execute a written
rejection, the licensee shall, by a written, signed statement, verify the date
of offeree's oral notification to the licensee of rejection of such
offer;
(xviii) A copy of the
acknowledged disclosures as required by
W.S.
33-28-306 and
33-28-308.
(c) Cooperating Responsible
Brokers or licensees acting on their behalf shall present offers and shall
negotiate only through the listing Responsible Broker or licensees acting on
his behalf unless the listing Responsible Broker gives written consent to
contact the principal. All offers shall be presented as expeditiously as
possible.
(d) A Responsible Broker
shall ensure that his agents comply with minimum Commission requirements when
preparing contracts and obtaining signatures.
