EstatePass
ContractsPurchase_agreementsMEDIUM

Robert is a licensed Missouri salesperson working for Heartland Realty. He represents the seller in a transaction. The buyer's agent submits an offer that Robert believes is too low, so he does not present it to the seller, deciding it is not worth the seller's time. Under Missouri law, what violation has Robert most likely committed?

Correct Answer

B) A violation of RSMo Chapter 339, because licensees must present all offers to the seller in a timely manner

Under RSMo Chapter 339 and MREC rules, a licensee representing the seller has a duty to present all offers to the seller in a timely manner, regardless of the licensee's personal opinion of the offer's merits. Failure to present an offer is a violation of the licensee's fiduciary duty to the seller and constitutes grounds for disciplinary action by MREC. The seller — not the agent — has the right to decide which offers to consider.

Answer Options
A
No violation, because a salesperson has discretion to filter offers based on professional judgment
B
A violation of RSMo Chapter 339, because licensees must present all offers to the seller in a timely manner
C
A violation only if the buyer can prove the seller would have accepted the offer
D
A violation only if the offer was submitted in writing and accompanied by earnest money

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

Common Mistakes to Avoid on Contracts Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

present_all_offersfiduciary_dutyseller_representationmissouri_contracts

Related Concepts

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

Was this explanation helpful?

More Contracts Questions

People Also Study

Related Articles

Contracts Questions

Practice More Questions

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

Start Practicing