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Quick question with perhaps a complicated answer; Can/should…

Hi - quick question...

Hi - quick question with perhaps a complicated answer; Can/should the owner of a home ask a real estate agent to present them with an offer before they will sign them to a Listing Agreement? In this case the agent disclosed that they've been approached by interested buyers/agents ready to make an offer.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Property is in CA.

Lawyer's Assistant: Has any paperwork been filed?

None. 3 agents are vying for the Listing via an RFP (Request for Proposal). No contracts have been written up.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that's it.

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Answered in 6 minutes by:
3/9/2018
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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However, it would unlikely and not proper for the agent to disclose names, etc. since there is no signed contract because if the agent does not land the job, the seller would therefore know the names of prospective purchasers and the agent would not get paid. Likewise, the agent cannot accept an offer or provide offers without being signed first since the agent would not have authority to do so.

We can discuss this more if you want to do so.

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If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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As I was saying, an agent cannot show offers because the agent is not authorized to accept offers without the contract.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Lawyer
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Satisfied Customers: 5,093
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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