EstatePass
ContractsContract_essentialsMEDIUM

A California real estate broker receives two offers simultaneously on a property listed in Stockton for $550,000. Offer A is for $540,000 and Offer B is for $555,000. The seller's agent presents only Offer B to the seller, who accepts it. If the buyer from Offer A later discovers this, what violation has the seller's agent committed under California law?

Correct Answer

D) A violation of the agent's fiduciary duty because California law requires all offers to be presented to the seller

Under California Business and Professions Code §10176(e) and DRE regulations, a listing agent must present all offers to the seller unless the seller has given written instructions to the contrary. Failing to present all offers is a breach of the agent's fiduciary duty and can result in disciplinary action by the DRE.

Answer Options
A
No violation, because the agent has discretion to present only the highest offer to the seller
B
No violation, because the seller's instructions specified that offers below asking price should not be presented
C
A violation only if Offer A was submitted before Offer B chronologically
D
A violation of the agent's fiduciary duty because California law requires all offers to be presented to the seller

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Contracts Question

Sign up free to unlock full analysis

Background Knowledge for Contracts

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Contracts

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

fiduciary_dutyoffer_presentationBP_Code_10176listing_agent
Was this explanation helpful?

More Contracts Questions

People Also Study

Contracts Questions

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing