How long can a listing agent sit on and offer without giving it to the seller?

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How long can a listing agent sit on and offer without giving it to the seller?

We submitted an offer over a week ago. The listing agent has not given it to the seller. The property is still set at active in the MLS.

Asked on April 28, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The law does not specifically state how long a listing agent has to turn the offer over to the seller, and it's not even necessarily the case that the agent has to turn the offer over at all. (If the agent doesn't turn over offers, it's possible the seller could have a cause of action against them, such as for breach of contract, but that doesn't help you as the buyer.)

If you believe the agent is sitting on your offer, you could contract the buyer directly and ask whether they received it--the law does not prohibit direct contact. The buyer has the right to not talk to you, if the buyer doesn't want to, but you will have done nothing wrong by simply asking about receipt of your offer.


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