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A seller in Tuscaloosa, Alabama receives two written offers on the same property on the same day. Offer 1 is for $410,000 with no contingencies. Offer 2 is for $425,000 with a financing contingency. The listing broker, without informing either buyer, presents only Offer 1 to the seller and does not disclose that Offer 2 exists. The seller accepts Offer 1. Under AREC rules and Alabama license law, the listing broker's conduct regarding Offer 2 is best characterized as which of the following?

Correct Answer

D) A violation, because Alabama law requires all offers to be presented to the seller promptly

Under Alabama license law and AREC rules, a listing broker owes fiduciary duties to the seller, which include the duty to present all written offers promptly. Withholding Offer 2 from the seller — regardless of its terms — deprives the seller of the opportunity to make an informed decision and constitutes a violation of the broker's duties. AREC rules under Alabama Administrative Code Chapter 790-X require timely presentation of all offers.

Answer Options
A
Acceptable, because a contingency offer is legally inferior and need not be presented
B
A violation only if the buyer who submitted Offer 2 files a written complaint with AREC
C
Acceptable, because the broker has discretion to present only the strongest offer to avoid confusing the seller
D
A violation, because Alabama law requires all offers to be presented to the seller promptly

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Related Topics & Key Terms

Key Terms:

offer_presentationfiduciary_dutylisting_broker_dutiesarec_rules

Related Concepts

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

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