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ContractsOffer_acceptance_and_counterofferMEDIUM

An Oregon principal broker represents a seller. The broker receives a written offer from an unrepresented buyer. Without the seller's knowledge, the broker modifies one term of the buyer's offer before presenting it to the seller. The seller accepts the modified offer. Under Oregon law, which of the following best describes the broker's conduct?

Correct Answer

A) The broker violated ORS Chapter 696 by altering an offer without authorization from all parties.

Under ORS Chapter 696, Oregon licensees have a duty to present all written offers to their clients promptly and without alteration. Modifying an offer without the knowledge and consent of the offeror (the buyer) is a serious violation of Oregon license law. The broker's duty of honesty and fair dealing extends to all parties in the transaction, including unrepresented buyers. Altering an offer without authorization could also constitute fraud and expose the broker to disciplinary action by the Oregon Real Estate Agency.

Answer Options
A
The broker violated ORS Chapter 696 by altering an offer without authorization from all parties.
B
The broker acted appropriately by filtering the offer to protect the seller's best interests.
C
The broker acted appropriately because unrepresented buyers have fewer contractual protections in Oregon.
D
The broker's action is permissible because the seller ultimately accepted the modified terms.

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Related Topics & Key Terms

Key Terms:

broker_dutiesoffer_presentationorea_violationsprincipal_brokerunrepresented_buyer
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