A-Yes. It is a serious breach of a real estate agent`s fiduciary duty to the seller not to present all purchase offers. … Unless the seller has instructed the agent not to accept offers below a specified price, the agent must present all written purchase offers.
Can a real estate agent say they have an offer when they don t?
Asking for the Information Outright
As alluded to above, agents are ethically obligated to disclose the offer information on a property if the seller has authorized it. So if they have, and you ask for the information, the agent should tell you the truth.
Is a real estate agent obligated to present all offers?
Can you legally disclose offers? … Legally, agents in NSW are allowed to disclose current offers to any other potential buyers. Agents are required to inform the seller of all offers made to purchase the property, but there is no law to prohibit the disclosure of offers to potential buyers.
Can an estate agent lie about offers?
Although they shouldn’t, estate agents can and do lie about offers to make it look to you as a seller that they’re creating lots of interest in your property. An estate agent may also lie about offers so they can push you in the direction of a specific REAL offer, so they can get their hands on their commission ASAP.
Can I outbid an accepted offer?
If the purchase contract hasn’t been signed, the seller could accept another offer, even if you think they’ve accepted yours. The seller generally cannot cancel your contract if you are in compliance simply because the seller received a better offer from another buyer.
Is an offer on a house legally binding?
An accepted offer is not legally binding until contracts are exchanged. This means a buyer can back out of the sale at any point up until contracts are exchanged. This is also the same for the seller.
Why do realtors wait to present offers?
“When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. … It’s possible the listing agent and seller jointly agree on a negotiation strategy in which the seller decides to wait for other offers to be presented.
Can you put an offer on a house that already has an offer?
You can make an offer on a house that already has an offer, provided the executed contract has not been signed. You can also have an offer accepted in this situation, or ask the seller if they could put your on their back up list.
Can a seller reject an offer after accepting?
To put it simply, a seller can back out at any point if contingencies outlined in the home purchase agreement are not met. These agreements are legally binding contracts, which is why backing out of them can be complicated, and something that most people want to avoid.
Can a seller accept a higher offer after accepting?
Can the seller accept another offer while negotiating a contract with a first buyer? Absolutely. We have seen cases where the seller has accepted another offer after the buyer has signed the contract and sent the deposit. A seller can do that before they sign.
Can a seller accept another offer while pending?
“Although this will cause some pushback and sometimes isn’t looked at as the most ethical, a seller can legally still accept any other offer up until attorney review conclude as the deal isn’t officially under contract.”