Seller Calls the Shots on Multiple Offers

Listing agents should advise clients to treat all parties fairly, but decisions about disclosing terms belong to the seller.

NOVEMBER 2014 | BY BRUCE AYDT

Q. If a seller is presented with multiple offers from the listing agent, all at list price, is it the obligation of the listing agent to disclose terms of the other offers to the buyer’s agents so the buyers are aware not only that there are multiple offers but also that the buyers might want to enhance their offers?

A. In any multiple-offer situation, it’s the seller, not the listing agent, who calls the shots. The listing agent’s duty under Article 1 of the Code is to “protect and promote the interests of their client” and to “treat all parties honestly.”