EstatePass
Property MarketingPrivate TreatyNSWHARD

An agent in NSW receives an offer on a property listed for private treaty sale. The agent knows of another buyer who previously expressed strong interest but hasn't yet made a formal offer. What is the agent's legal obligation regarding disclosure?

Correct Answer

C) Present the received offer to the vendor and advise them of the other interested party

Under NSW real estate legislation, agents have a fiduciary duty to their vendor clients to present all offers promptly and provide full disclosure of relevant information, including other interested parties. This ensures the vendor can make informed decisions about their property sale while maintaining transparency in the process.

Answer Options
A
Inform the vendor of the received offer only and wait for instructions
B
Contact the interested buyer to encourage them to make an offer before presenting any offers to the vendor
C
Present the received offer to the vendor and advise them of the other interested party
D
Reject the first offer to allow time for the second buyer to submit their offer

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Related Topics & Key Terms

Key Terms:

fiduciary dutydisclosure obligationsProperty and Stock Agents Actmaterial informationvendor transparency
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