Written Confirmation of Presentation of Offer

February 22nd, 2022 at 1:53 pm

Multiple Choice Question: You are the buyer’s agent in a multiple offer situation. Can you require the listing agent to provide you with written confirmation that your buyer’s offer has been presented to the seller, such as by completing the “Presentation of Offer” box at the bottom of page 16 of the RPA? Pick the best answer:

A. Yes.
B. Yes, as a matter of law.
C. Yes, as a matter of ethics.
D. No. 

Answer: Answer C is the best answer. Under Standard of Practice 1-7 of the NAR Code of Ethics, when you submit an offer, you can make a written request for the listing agent to provide you with written affirmation that the offer has been presented to the seller. The listing agent must provide such written affirmation to you as soon as practical. No written affirmation, however, is required if the seller has waived the obligation to have the offer presented.

Stay Tuned Next Week: Can a buyer’s agent require completion of the “Offer Not Accepted” box?

Copyright© 2022 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of February 22, 2022. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals. Written by Stella Ling, Esq.

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