New York Real Estate Salesperson ExaminationNew York State Specific Laws and RegulationsMedium
A real estate salesperson is preparing to present an offer on behalf of a buyer client. The seller's agent informs the salesperson that the seller will only consider offers submitted on their proprietary offer form. The salesperson's buyer client insists on using the standard New York State Bar Association (NYSBA) contract. What is the most appropriate action for the salesperson?
- ARefuse to present any offer not on the seller's form, citing the seller's agent's instruction.
- BAdvise the buyer to find another property where the seller is more flexible with forms.
- CInform the buyer that they must use the seller's form to make an offer.
- DDraft the offer on the NYSBA contract and present it to the seller's agent, explaining the client's preference.
Show answer & explanationAnswer & explanation
Correct answer: D. Draft the offer on the NYSBA contract and present it to the seller's agent, explaining the client's preference.
A salesperson must always present all offers their client wishes to make, regardless of the form. While the seller may prefer a specific form, the buyer has the right to submit an offer on a valid contract form, and it is the salesperson's duty to present it.
Why the other options are wrong
- A. Refusing to present an offer is a serious breach of fiduciary duty.
- B. This is not the salesperson's role; their duty is to act in the client's best interest regarding the current transaction.
- C. This limits the client's options and is not a salesperson's duty.
Duty to Present All Offers
A fundamental fiduciary duty of a real estate licensee to their client, requiring that all offers, written or verbal, be promptly and accurately presented, unless otherwise instructed by the client.
- Applies to all offers, regardless of terms or form.
- Must be presented promptly.
- Only the client can waive this duty.
Memory trick: Loyal, confidential, honest, and all offers shown, always.