Elena, a licensed real estate salesperson in Massachusetts, is representing the seller of a single-family home in Newton. A buyer submits a written offer. Before Elena can present the offer to the seller, the seller calls Elena and says, 'Don't bother — I've decided not to sell.' Under Massachusetts law and BORREBS regulations, what must Elena do?
Correct Answer
B) Elena must present the offer to the seller promptly, as licensees are required to present all written offers regardless of seller instructions
Under Massachusetts BORREBS regulations and the fiduciary duties owed to the seller as the client, a listing agent is obligated to present all written offers to the seller promptly. A seller may instruct a licensee in advance not to present offers below a certain price, but a blanket oral statement that the seller no longer wants to sell does not relieve the licensee of the duty to present a written offer already received. Failing to present a written offer is a violation of the licensee's duties and could constitute grounds for disciplinary action under MGL Chapter 112.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.
A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.
An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.
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- → A Rhode Island licensee encounters a listing contract is drafted. What should the licensee remember?
- → In Rhode Island, a licensee submits a written purchase or lease offer to an owner. Which statement is correct?
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- → Which Rhode Island rule applies when a listing agreement lists property with a multiple listing service?
- → A Rhode Island licensee encounters a listing agreement lets the principal broker retain a portion of deposit money upon buyer default. What should the licensee remember?
- → A Hawaii licensee is reviewing the commission asks to inspect escrow and trust records. What is the best answer?
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