The Listing Agent and Buyer’s Letters

Question:

If you are a Listing Agent, are you obligated to pass along a Buyer’s letter which supports their interest in the property?

Answer:

These letters are becoming quite common. Some are heartfelt and true, while others are really not supported by any of the true facts.

If you are the Listing Agent you have a legal obligation to provide and deliver to your client the Buyer’s letter. This is based upon your fiduciary duties. Here you don’t have the ability it intercept the document. You are just the courier.

However, prior to the submission of an Offer(s), you may have a discussion with your client about this topic. The client may provide you with instructions:

1) forward them, or

2) don’t forward them.

If they choose #2, then, your instructions are to filter them out.

Without this discussion and your client’s informed consent you can’t censor their mail. If they specifically instruct you to the contrary, then be sure to document this choice in writing.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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