The buyers» licensee has a duty to
disclose competing offers and any terms that are known to them, but ultimately buyers may not be made aware of competing offer situations; that decision is with the seller.
In my opinion, the requirement to
disclose competing offers under REBBA violates federal privacy laws and is unenforceable.
Offerors stated in their suit that Broker had misrepresented the viability of their Offer, had owed Offerors a duty of care to communicate truthful information to Offerors, and had breached that duty by failing to
disclose the competing offer to them.
Not exact matches
When seller clients instruct listing agents to
disclose terms of
competing offers, the agents should consult with their broker and attorney to ensure the disclosure is legal in their state and for guidance on how to carry out their clients» instructions.
Furthermore, where I practice real estate, sellers can chose to
disclose the existence of
competing offers or not.
In stating that most sellers through their realtor would
disclose the existence of
competing offers and the number of
competing offers for the seller benefit.
Six of those agents said they would
disclose or «give them a nudge» as to the details of any
competing offer so they would have an advantage over other buyers with
competing offers.
However, if you could bring yourself back to the topic of a client seller being entitled to: direct their real estate practitioner to
disclose all the details (substance) of
competing offers to all of those who would be in a
competing situation, we would be back on track.
(1) If a brokerage that has a seller as a client receives a
competing written
offer, the brokerage shall
disclose the number of
competing written
offers to every person who is making one of the
competing offers, but shall not
disclose the substance of the
competing offers.
in Ontario, Realtors are forced to
disclose that which sellers aren't required to
disclose such as the number of
competing offers or certain defects, and similarly, while we must
disclose the number of
competing offers we can't
disclose price or reason for selling / buying, which the seller can.
If there are
competing registered
offers, this fact is
disclosed in accordance with REBBA.
I also don't believe a listing agent should
disclose the presence of a
competing offer to another buyer... that should be confidential information.
If his seller wants it
disclosed that there are
competing offers then his seller wants something that is legal, and the agent has to follow his direction.
In BC and Alberta, the existence of
competing offers can't be
disclosed by the listing agent to anyone without the consent of the seller.
Disclosing the existence of
competing offers cuts both ways, and can benefit all parties concerned.
In other words, terms of
offers can be
disclosed to
competing buyers or their agents by sellers or seller's representatives unless there are laws or confidentiality agreements that specifically prohibit that disclosure.
The RECO newsletter notes that the use of an escalation clause could violate a provision in the industry Code of Ethics, which prohibits agents from
disclosing the price and contents of
competing offers.
In Nova Scotia, the seller's representative is required to
disclose the number of
competing offers to all buyers who have submitted a written
offer unless the seller has directed the brokerage, in writing, not to.
If the seller does
disclose that the buyer is in a
competing offer situation, the buyer's licensee should:
NSAR members take note: in a
competing offer situation, the MLS Rules and Regulations require the listing brokerage to
disclose any remuneration reduction to all brokerages with
competing offers.
In Nova Scotia, the decision to
disclose the existence of
competing offers to buyers is entirely up to the seller and is documented in clause 6 of the Form 200: Seller Brokerage Agreement and clause 8 of Form 201: Seller Designated Brokerage Agreement.
disclose the presence of
competing offers to the buyers» licensees if the seller agreed to do so, however, the content of the
offers must remain confidential;