FACTS:                    

An agent representing a buyer sent an email to the listing agent generally outlining the terms of an offer the buyer intends to make.  The buyer’s agent is insisting that the email “offer” be presented to the seller and the seller respond. 

ISSUE:                      

Is the listing agent obligated to provide the email to the seller?  

ANSWER:                

See discussion. 

DISCUSSION:         

The listing agent is obligated to promptly submit all offers to the seller.  See A.A.C. R4-28 802(B).  An email from a buyer’s agent generally outlining terms, however, is not an “offer” as contemplated by the statutes.  As such, the seller and listing agent are not obligated to respond to the email.  As a matter of good practice, the listing agent should notify the seller of the potential offer.