Agent Dana represents seller Mr. Kowalski in the sale of his Detroit home listed at $210,000. A buyer submits an offer of $195,000. Mr. Kowalski verbally instructs Dana not to present any offers below $205,000. The following week, a second buyer submits an offer of $200,000. What must Dana do under Michigan law?
Correct Answer
A) Present the $200,000 offer immediately, because Michigan law requires all written offers to be presented regardless of client instructions
Under Michigan's Occupational Code (MCL 339.2512), a licensee is required to present all written purchase offers to the seller promptly. While a seller may instruct an agent not to present low offers, this instruction does not override the statutory duty to present all written offers. Dana must present the $200,000 offer and may note the seller's stated preference, but cannot withhold a written offer based on price alone.
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Related Topics & Key Terms
Key Terms:
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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