medium · National Real Estate Exam agency
A listing agent receives a valid written offer on a Saturday but decides to wait until Monday to present it to the seller. On Sunday, the seller accepts a different offer.
If the first buyer sues for damages, what is the seller's legal defense regarding the first offer?
- The seller is not personally liable for this delay because they did not have actual, physical possession of the offer document.
- The seller has no defense against 'lack of notice' because the law considers the seller to have received the offer the moment the agent did.
- The seller can instead sue the buyer's own cooperating agent for failing to hand-deliver the written offer directly to the seller in person.
- The seller is only liable for the weekend delay if the original listing agreement specifically contained a separate 'immediate disclosure' clause for offers.
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