ISSUE:

Buyer #1 makes an offer on the home. The listing broker, and the buyer’s broker representing buyer #1, then enter into extensive negotiations with multiple counter offers. Buyer #2 makes an offer on the home. The listing broker tells the buyer’s broker representing buyer #2 that, until negotiations are completed one way or the other with buyer #1, the listing broker will not present buyer #2’s offer. Can the listing broker delay the presentation to the seller of buyer #2’s offer to the seller?

ANSWER:

Probably not. The listing broker must promptly present all offers to the seller. A.A.C. R4-28-1101(C); Standard of Practice 1-6. If the seller specifically instructs the listing broker that the seller does not want to receive any new offers until the negotiations with buyer #1 are resolved, the listing broker would not be required to promptly present buyer #2’s offer to the seller.

Arizona REALTOR® June 2009