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Northeast Association of REALTORS®

Legal Insights: Seller Instructions for Offers

3/8/2024

Can a seller instruct their broker to only present offers that meet certain criteria?

A seller may provide instructions to their agent relative to what offers should be presented; however, such instructions must be lawful. A seller may set parameters related to terms and conditions of potential offers, such as offer price or closing terms. Any instruction limiting the presentation of offers related to the characteristics of potential buyers, such as race, religion, or familial status, are not lawful and a licensee following such an instruction risks violating fair housing laws.

Any lawful instruction from a seller should be memorialized in writing to avoid confusion and provide protection in the event of a dispute. A listing agent, however, may still want to consider informing the seller of the receipt of an offer outside of the parameters set and verify at that point in time that the seller does not wish to formally consider the offer.

Source : MAR Legal Team
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