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A seller in Manhattan, Kansas receives two written offers simultaneously on Saturday afternoon: Offer A for $375,000 with no contingencies, and Offer B for $380,000 with a financing contingency. The seller's transaction broker informs both buyers that multiple offers have been received. Under Kansas BRRETA, which action by the transaction broker is most consistent with statutory duties?

Correct Answer

B) Present both offers to the seller with factual information and let the seller decide

Under Kansas BRRETA (K.S.A. 58-30,101 et seq.), a transaction broker must present all written offers to the seller and provide factual, objective information to assist the parties in making their own decisions. A transaction broker does not advocate for either party and must not make recommendations that favor one party's interests. Presenting both offers with factual information and allowing the seller to decide independently is the correct conduct.

Answer Options
A
Advise the seller to accept Offer A because it is the stronger offer without contingencies
B
Present both offers to the seller with factual information and let the seller decide
C
Disclose the terms of Offer A to Buyer B so Buyer B can improve their offer
D
Recommend the seller counter only the higher offer to maximize the sale price

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Related Topics & Key Terms

Key Terms:

transaction_brokermultiple_offersBRRETAconfidentialitybroker_duties

Related Concepts

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

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