EstatePass
Agency PracticeHandling OffersNSWMEDIUM

Buyer Ahmed has paid an expression of interest deposit with an offer of $1.2 million (invented). Before exchange, another buyer submits a higher offer. Apart from passing the new offer to the vendor, what must the selling agent do regarding Ahmed?

Correct Answer

C) Promptly tell Ahmed that a subsequent offer has been made

Under the Property and Stock Agents Regulation 2022 rules on expression of interest deposits, the agent must promptly inform the person who paid the deposit if a subsequent offer is made to purchase the property. The vendor's agent must also advise that person that they have the right to make further offers until contracts are exchanged. The agent still acts for the vendor and must not disclose confidential details of the rival offer.

Answer Options
A
Tell Ahmed the amount and conditions of the other buyer's offer
B
Refund Ahmed's deposit immediately because his offer has been beaten
C
Promptly tell Ahmed that a subsequent offer has been made
D
Stay silent, because the agent acts only for the vendor and owes Ahmed no duty

Why This Is the Correct Answer

The rule obliges the agent to tell the deposit payer promptly that another offer has been received.

Why the Other Options Are Wrong

Background Knowledge for Agency Practice

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