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A Connecticut listing broker receives two written offers on the same property simultaneously: Offer A at $410,000 with no contingencies, and Offer B at $425,000 with a financing contingency and an inspection contingency. The seller asks the listing broker to present only Offer A and withhold Offer B because the seller prefers a clean deal. Under Connecticut law and CREC regulations, what must the listing broker do?

Correct Answer

B) Present both offers to the seller and explain the terms of each, regardless of the seller's preference

Under Connecticut Real Estate Commission regulations and the licensee's fiduciary duty to the seller, a listing broker is obligated to present all written offers to the seller in a timely manner unless the seller has previously given written instructions to the contrary. A verbal instruction from the seller at the time of offer presentation does not override the broker's statutory and ethical duty to present all offers. The broker must present both offers and advise the seller of the terms, allowing the seller to make an informed decision. Withholding Offer B without prior written authorization would expose the broker to license discipline.

Answer Options
A
Follow the seller's instruction, since the seller is the client and the broker must act in the seller's best interest
B
Present both offers to the seller and explain the terms of each, regardless of the seller's preference
C
Present only Offer A but disclose to Offer B's buyer that their offer was not presented
D
Withdraw from the listing rather than violate either the seller's instruction or the duty to present all offers

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Related Topics & Key Terms

Key Terms:

offer_presentationlisting_broker_dutiesfiduciary_dutyCREC_regulationsoffer_and_acceptance

Related Concepts

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

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.

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