Hot Topics in Broker Risk Reduction

Katie Johnson, General Counsel & Chief Member Experience Officer, May 2021

Download:  Hot Topics to Broker Risk Reduction 

Multiple Offers

Presenting and negotiating multiple offers brings the potential for misunderstanding and missed opportunities. But, by adhering to a few fundamental principles, real estate professionals can help both the seller and buyer understand their options, and avoid complaints and fair housing issues.

Risk Reduction Tips:

  1. Discuss the potential for multiple offers at the listing interview; explain the available options to the seller upfront and get the seller’s instruction for handling multiple offers in advance.
  2. Know your state laws regarding duties owed to clients, timeframes for presenting offers, and what may be disclosed to the other party in a multiple offer situation.
  3. Remember - Article 1 requires REALTORS® to promote the interest of their client while treating all parties honestly.
  4. Keep in mind that poorly drafted Buyer Love Letters can trigger fair housing violations for both the real estate professional and the seller.
  5. Discuss the pros and cons of escalation clauses or addendums with buyers.

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