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It's Sunday and the Listing Agent Won't Present Offers Until Tuesday...What Can You Do?

By
Real Estate Attorney MA 9505496/Broker

The statute of frauds requires that all contracts for real estate must be in writing.  There is nothing that prevents you from providing timely information to your seller client when a possible offer is on its way, but neither the seller nor his agent should be "negotiating" a sale based on a verbal conversation.

We actually just discussed a very similar issue the other day in a professional standards panel for our local REALTOR® association.

It seems that some listing agents are now indicating "all offers will be presented at 5pm on Tuesday" in an attempt to get multiple offers.  Massachusetts law requires that the listing agent actually present ALL offers "forthwith".  This means that if a (written) offer comes in after the open house on Sunday, the listing agent MUST call the seller "forthwith" (interpreted to be "immediately, without delay") to notifiy them of the offer and must ask if they would like to address the offer. 

In these circumstances, the seller can tell the agent to wait until Tuesday, but if the offer is only valid until Sunday at 5pm, the offer may or may not be re-written for Tuesday.  If that was the only offer received and the agent didn't tell his/her client about the offer before Tuesday, the listing agent could be in violation of professional standards and the Code of Ethics.

Moral of the story - the listing agent must present all written offers to purchase "forthwith".  No exceptions.  You should check what your state law is to avoid potential disputes.  If your seller client thinks its a good idea to hold back on offers and not to review them as they come in, be sure to get this in writing to protect yourself in the event of a dispute.  Remember - these "bright ideas" need to come from the seller, not the listing agent!

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Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Martin Kalisker ... Yes, the key word is "forthwith" unless instructed by the seller to do otherwise. Listing agents must act cautiously when instructing buyers agents when their offers will be reviewed.

Jun 27, 2015 01:59 AM
Raymond E. Camp
Ontario, NY

Good morning martin,

We were seeing this a while ago but have not seen one in quite awhile!

Make yourself a great day.

Jun 27, 2015 01:59 AM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

Oh wow! Unless there are multiple offers (in an attempt to give everyone the opportunity to make their best offer), I can't imagine why they would do that. We typically do not wait DAYS to do it though. Oh my! 

Jul 03, 2015 08:16 AM
Larry Riggs
Century 21 Redwood - Frederick, MD
GRI, SRS Your Frederick County Specialist

As you stated the seller can instruct the listing agent that they will look at all offers at a given time but that must come from the seller. Each state has different wording in their laws but most say in a timely manner or some version of that. As for the offer expiring before a specified presentation time I would think (my opinion) the buyer agent would be putting their client's offer in jeprody by having it expire before it would be presented. Again that would have to be the specific instructions from the buyer.

Jul 10, 2015 11:29 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

We are seeing this all the time, and sellers not responding by the date and time listed in MLS.   If we are lucky to be the winning bid, there must be an amend updating the response date to keep the buyers/sellers in contract. 

Jul 15, 2015 10:36 PM
Martin E. Kalisker, Esq.
Natick, MA
Real Estate Law From A Practical Perspective

Joan Cox , the sellers are often unaware of what is being entered into the MLS. For better or worse, certain agents (and now, copycat agents) have taken it upon themselves to "manage" their listings by specifiying when offers will be due.  If not nipped in the bud (and educating buyers agents equally in the process), this can become a huge black eye for the industry.

Jul 18, 2015 02:43 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

"If your seller client thinks its a good idea to hold back on offers and not to review them as they come in, be sure to get this in writing to protect yourself in the event of a dispute."

We do just that.  It allows us time to verify the pre-qualification form with the lender who provided it to the Buyer.  Our sellers stipulate "allow 2 business days for a response to an offer".  

Larry Riggs "As you stated the seller can instruct the listing agent that they will look at all offers at a given time but that must come from the seller."  In Arizona, it is perfectly acceptable to propose ideas to the Seller who must, if they concur, provide written instructions to us.

Sep 11, 2015 05:43 AM
Pat Starnes-Front Gate Realty
Front Gate Real Estate - Brandon, MS
601-991-2900 Office; 601-278-4513 Cell

I'm curious. Has there been any resolution to the practice of listing agents holding offers until a certain time in an attempt to drive multiple offers? Here in Mississippi, we haven't had this issue with multiple offers. I do expect all offers to be presented "in a timely fashion", and certainly before the expiration date written in the offer. 

Nov 18, 2015 09:59 PM
Martin E. Kalisker, Esq.
Natick, MA
Real Estate Law From A Practical Perspective

Hi Pat Starnes, if managed properly, explained ethically and seller consent is obtained, then it does work (except you need to address escalation clauses, which is a totally separate discussion !!). But you are right, any offer that comes in must be presented immediately to the client who then needs to instruct you to hold it (with the others) until the stated review date. But, it is their option to accept any offer during your listing period.

Nov 19, 2015 04:27 PM