FACTS: A selling agent submitted an offer to a listing agent.  The listing agent notified the selling agent that he was missing a disclosure “sheet” that had been uploaded into the MLS. The listing agent said he would not present the offer to the seller until all documents required by the brokerage were sent to the listing agent, with signatures from the buyer.

The buyer had boarded a plane to India that day and could not sign the brokerage disclosure sheet for one week. The listing agent stated the policy of the brokerage was to not present offers to the seller unless all broker required forms were signed.

ISSUE: Can the listing agent refuse to show the offer to the seller?

ANSWER: Probably not.

DISCUSSION:         

Generally speaking, a listing agent is bound to present any and all offers to the seller unless precluded by law, government rule or regulation, or agreed otherwise in writing between the seller and the listing subscriber. A.A.C. R4-28-802(B).

Therefore, unless the seller has instructed the licensee through the listing agreement to withhold all offers from being presented unless the broker’s disclosure sheet is signed by the buyer, the licensee would be obligated to present the offer.