Broker Tanaka represents seller Johansson in Lynnwood. A buyer makes an offer that is $20,000 below asking price. Johansson instructs Tanaka to counter at full price and tells Tanaka: 'Don't present any offer below $380,000 — just reject them without telling me.' Under Washington law, how must Tanaka handle this instruction?
Correct Answer
B) Tanaka must present all written offers to Johansson regardless of price, as Washington law prohibits a seller's agent from withholding written offers.
Under WAC 308-124H-835 and the general duties framework of RCW 18.86, a licensee must present all written offers to the seller in a timely manner. Washington administrative rules governing broker conduct require that all offers be presented promptly. A seller cannot instruct a broker to withhold written offers from the seller — such an instruction would require the broker to violate the duty of reasonable care and the general obligation to present offers. If Johansson wants to set a price floor, the appropriate mechanism is to reject offers below that threshold after receiving them, not to prevent their presentation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.
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.
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