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An agent must communicate every offer to his client

A worked RES examination question on offer and acceptance, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.

Paper 1Lesson 6Offer and acceptanceFree — no sign-up

The question

A seller instructs her agent at the outset that she will not consider anything below $2 million, having had the property valued informally by a friend in the business. Six weeks into the marketing the agent receives a written offer of $1.95 million from a buyer who can complete quickly. Believing that the seller will refuse it, and not wishing to trouble her during a period when she has been unwell, he does not pass it on and tells the buyer it has been declined. The market softens over the following two months and the property eventually sells to a different buyer for $1.88 million. The seller has since learned of the earlier offer.

Which statement most appropriately describes the position?

  1. A. The agent acted properly, the offer having fallen below the seller's stipulated figure.
  2. B. The agent should have communicated the offer to the seller, that being his to decide.
  3. C. The agent acted properly, an agent judging for himself which offers merit attention.
  4. D. The agent acted properly provided he recorded his reasoning on the file at the time.

The answer, and why

Answer: B

The rule. An agent must communicate every offer to his client. His own view of what the client will accept does not entitle him to filter them.

Why B is correct. He should have passed it on.

The other options.

  • A relies on the stated floor price
  • C on professional judgement
  • D on contemporaneous documentation. Each is a reason for *advising against* the offer, and none is a reason for withholding it.

Exam note. He could have passed it on with a recommendation to refuse. Advising and withholding are different acts.

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