FACTS:                    

The buyer’s agent submitted an offer to purchase the property using the Arizona REALTORS® Residential Resale Real Estate Purchase Contract (Contract).  Apparently, there were more than ten (10) offers submitted to purchase the home.  The offer submitted by the buyer’s agent was not accepted.  Rather, the seller accepted a different offer.  The buyer’s agent is convinced that the listing agent did not even submit his offer to the seller.  

ISSUE:                      

Is the listing agent obligated to disclose all offers to the seller?  

ANSWER:                

Yes.  

DISCUSSION:         

A listing agent must deliver all offers to a seller. See A.A.C. R4-28 802(B).  Thus, the listing agent should have submitted the buyer’s agent’s offer to the seller.  

Note: Section 9c of the Contract has a provision to address this potential uncertainty and distrust by the buyer’s agent.  There is a box which provides a place for the seller to reject the offers. Especially when multiple offers are presented, the listing agent should have the seller initial Section 9, rejecting the offer, so as to avoid potential confusion and suspicion.