By presenting a second offer to a lender prior to the lender making a decision on a first contract, is the listing broker compromising his fiduciary duty to the seller because the seller’s negotiating position with the lender has been damaged?

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  • By presenting a second offer to a lender prior to the lender making a decision on a first contract, is the listing broker compromising his fiduciary duty to the seller because the seller’s negotiating position with the lender has been damaged?

A listing broker should always act on the instructions of the seller that fall within the scope of the agency relationship between the seller and broker. A listing broker should not present offers to a lender unless the seller instructs the broker to do so. If the seller instructs the listing broker to present offers to the lender, the listing broker has not breached the fiduciary duty that is owed to the seller; rather, the listing broker is following the instructions of the client.

Source: TAR

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