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Laws Of Agency Fiduciary DutiesListing_agreementsMEDIUM

A California listing broker receives an offer at full list price from a cooperating broker. The listing broker is also working with a buyer client who has expressed interest in the same property but has not yet submitted an offer. Under California law, what must the listing broker do?

Correct Answer

D) Present the full-price offer to the seller promptly and disclose that the broker also has a buyer interested in the property

The listing broker must promptly present all offers received and cannot delay presentation to benefit their own buyer client. Additionally, the broker must disclose the potential conflict of interest — that the broker has another client interested in the property. Delaying presentation would violate the broker's fiduciary duty to the seller.

Answer Options
A
Hold the cooperating broker's offer for 24 hours to give the broker's own buyer time to submit a competing offer
B
Present both offers simultaneously, even though the broker's buyer has not yet submitted an offer
C
Reject the cooperating broker's offer to give the broker's own buyer priority
D
Present the full-price offer to the seller promptly and disclose that the broker also has a buyer interested in the property

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Related Topics & Key Terms

Key Terms:

prompt_presentationfiduciary_dutyconflict_of_interestdual_buyer

Related Concepts

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

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