What Is an Offer Acknowledgement Form in Real Estate?

An offer acknowledgment and registration form in real estate provides written and signed confirmation that a seller has received an offer. The offer acknowledgement form is most commonly used by buyer’s brokers who would like verification that her or his client’s offer was actually presented to a seller.

In New York, the offer acknowledgement form is most commonly used by member agents of MLS Long Island (MLSLI), the OneKey MLS and the Staten Island Multiple Listing Service. Each entity has specific rules regarding the presentation of offers and use of the offer acknowledgement form itself. In NYC specifically, the offer acknowledgement form is rarely utilized as its use is not actively promoted by the Real Estate Board of New York (REBNY) which is the largest broker trade group in the city.

While a seller is not legally obligated to sign an offer acknowledgement form, a listing agent may be required to sign a Sworn Declaration Statement attesting to the presentation of an offer if her or his Realtor association requires it.

Offer Acknowledgement Form Rules and Procedures

Rules and procedures concerning the use of an Offer Acknowledgment Form vary by Realtor Association and each Multiple Listing Service (MLS). The rules typically require a listing agent to utilize the form at the request of a buyer’s broker and to furnish the signed form to the cooperating broker (buyer’s agent) within a certain period of time after presenting an offer to the seller.

If the seller refuses to sign the Offer Acknowledgement Form, the listing agent must either make a sworn declaration affirming that the offer has been presented or speak with a senior broker affiliated with the MLS in order to confirm presentation of the offer.

Real estate agents who are not members of a local Realtor Association with such rules are not required to use an offer acknowledgement form, although they’re free to do so.

Pro Tip: Estimate your seller closing costs in NYC with Hauseit’s Interactive Closing Cost Calculator for Sellers.

A Full Service Listing for 1%

Sell your home with a traditional full service listing for just one percent commission.

Is an Offer Acknowledgement Form required?

It depends. As a seller, there is no obligation for you to sign an Offer Acknowledgement Form regardless of whether or not your listing agent is a member of a Realtor Board which mandates its use.

If you’re a listing agent, you’re only required to use an Offer Acknowledgement Form if a buyer’s agent requests you to do so and you’re a member of a local Realtor Association which mandates its use.

An Offer Acknowledgment and Registration Form in real estate provides written and signed confirmation that a seller has received an offer.

Many Realtor Boards impose fines and penalties for non-compliance with Offer Acknowledgement Form rules and procedures. The Staten Island MLS, for example, levies a $2,500 fine on any listing broker who fails to provide a cooperating broker with a completed and signed offer acknowledgement form.

Another alternative to using an Offer Acknowledgement Form is to allow the cooperating broker (buyer’s agent) to be present during the presentation of her or his client’s offer to the seller.

Pro Tip: Estimate the net proceeds from your sale with Hauseit’s Interactive Net Proceeds Calculator.

OneKey MLS Offer Acknowledgement Form Rules

The rules and procedures for members of the OneKey MLS in New York are as follows:

If Katie, the cooperating Broker is NOT included in the offer presentation and would like VERIFICATION her offer was presented she may complete an Offer Acknowledgement Form that would be submitted to the homeowner for their signature.

In the event that the owner REFUSES, or is unable to sign the Offer Acknowledgement Form then John, the Listing Broker/Agent must provide a Sworn Declaration Statement stating the offer was presented to the owner.

The Declaration Statement should be returned to the Katie, the cooperating Broker along with the Offer Acknowledgement Form.

Either the signed Offer Acknowledgment Form or the Declaration Statement must be returned to the Cooperating Broker with 2 hours after the offer was presented to the seller.

If the Offer Acknowledgement Form is submitted to John, the Listing Broker, after the offer has been presented, John, the listings Broker must return either the signed Offer Acknowledgement Form or the Declaration Statement to the Cooperating Broker within 24 hours.

Rule 406 Access to the OneKey MLS Rules and Regulations may be found on Stratus and Matrix.

In short, the use of an Offer Acknowledgement Form is not required if the buyer’s agent is present during the presentation of her or his offer to the seller. Nor is the Offer Acknowledgement Form required if the buyer’s broker does not ask for it to be used.

Since there’s no way for a local Realtor Association to legally force a seller to sign an Offer Acknowledgement Form, OneKey MLS requires that the listing agent sign a Sworn Declaration Statement attesting to the presentation of the offer in lieu of an Offer Acknowledgment Form should a seller be unable or unwilling to sign it.

Pro Tip: Estimate your seller Transfer Tax bill in NYC with Hauseit’s Interactive Transfer Tax Calculator.

Our Discretion, Your Advantage

Our traditional partner brokers never openly discount which means less disruption and better execution for you.

Staten Island MLS Offer Acknowledgement Form Rules

The rules and procedures for members of the Staten Island MLS in NYC are as follows:

Policy 2.04. Offer Acknowledgement Form. The availability of the offer acknowledgement form does not serve to and cannot be used by the listing broker to preclude the cooperating broker’s right to choose to be present at the presentation of his offer. The Offer Acknowledgement Form shall be an official form of the SIMLS.

a. Whenever a Cooperating Broker desires assurance that an offer procured by them has in fact been presented to the seller, said Cooperating Broker may complete an Offer Acknowledgement Form to be submitted to the seller by the Listing Broker and acknowledged by the seller and returned to the cooperating broker. The Listing Broker may sign on behalf of corporate-owned REO property.

b. The Cooperating Broker shall submit said form to the Listing Broker who shall deliver the form to the seller. The Listing Broker shall request the seller to sign and Listing Broker shall return the signed form to the Cooperating Broker.

c. If the seller fails or refuses to sign and return the Offer Acknowledgement Form within 24 hours from the date and time listing broker indicated that the offer was to be presented, the Broker-on-call may, upon request by cooperating broker, contact the seller for the purpose of verifying that in fact they have received and reviewed the Cooperating Broker’s offer.

The fine for a listing broker failing to provide a cooperating broker with a completed and signed offer acknowledgement form is $2,500.00.

Pro Tip: Estimate your buyer closing costs in NYC with Hauseit’s Interactive Closing Cost Calculator for Buyers.

MLS Long Island Offer Acknowledgement Form Rules

If the Listing Broker provides written instructions from the owner that the Cooperating Broker not be present when an offer is presented Offer Acknowledgment Form should be used as follows:

1) Cooperating Broker completes Offer Acknowledgment Form.

2) The Cooperating Broker shall submit Offer Acknowledgment Form, along with the offer, to the Listing Broker who shall deliver the form to the owner. The Listing Broker shall request the owner to sign and Listing Broker shall return the signed form to the Cooperating Broker.

3) If the owner refuses or is unable to sign the Offer Acknowledgment Form the Listing Broker must either forward to the Cooperating Broker an email from the owner verifying the knowledge of the offer or sign the Declaration Statement stating the offer was presented to the owner. (the Sworn Declaration of Offer Presentation is on Documents on Demand in the MLS Forms section) 

4) Either the signed Offer Acknowledgment Form or the Declaration Statement must be returned to the Cooperating Broker within 2 hours after the offer was presented to the seller. (refer to rule 703.7 and Board of Director Interpretation of Rule 302 in back of Rule Book)

5) If said forms are not returned to the Cooperating Broker within the specified time Cooperating Broker may contact the Zone Chairperson or Director for assistance. Reminder: The Zone Chairperson or Director only takes calls from the Broker or Manager of the office.

Pro Tip: Calculate your Mansion Tax bill in NYC using Hauseit’s Interactive Mansion Tax Calculator.

Save 2% On Your Home Purchase

Our partner brokers are some of the most experienced and reputable in the industry.

Disclosure: Hauseit® and its affiliates do not provide tax, legal, financial or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, financial or accounting advice. No representation, guarantee or warranty of any kind is made regarding the completeness or accuracy of information provided. Hauseit LLC is a Licensed Real Estate Broker, licensed to do business in New York under license number 10991232340. Principal Office: 148 Lafayette Street, New York, NY 10013.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top