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Ontario Real Estate Licensing Exam Practice · Question

A seller's salesperson receives an offer that includes a condition for the buyer to obtain financing. Before the condition is fulfilled, another offer arrives that is unconditional. What must the seller's salesperson do?

A salesperson has a fiduciary duty to their seller client to present all offers, regardless of whether a prior conditional offer is in place. The seller then de

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Question: A seller's salesperson receives an offer that includes a condition for the buyer to obtain financing. Before the condition is fulfilled, another offer arrives that is unconditional. What must the seller's salesperson do?

Answer options: ✅ Present the new, unconditional offer to the seller immediately, advising them of their options regarding both offers.

  • Refuse to present the second offer until the first buyer's financing condition either lapses or is fulfilled.
  • Advise the second buyer that the property is conditionally sold and not accept their offer.
  • Only present the second offer if it is significantly higher than the first.

Correct answer: Present the new, unconditional offer to the seller immediately, advising them of their options regarding both offers.

Explanation: A salesperson has a fiduciary duty to their seller client to present all offers, regardless of whether a prior conditional offer is in place. The seller then decides how to proceed, which may include counter-offering or considering the unconditional offer through a 'notice to fulfil condition' to the first buyer, as per REBBA 2002 and agency principles.

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