Is A Broker or REALTOR® Required to Present All Offers?

The answer is yes unless the client has waived this obligation in writing.
Regardless of whether they are representing sellers, landlords, buyers, or tenants,
brokers must present all offers to their client in a timely fashion. This requirement is
consistent with Georgia real estate license laws, which also require licensees to
“deliver within a reasonable time” all offers to buy or sell, as well as any completed
purchase agreements. Brokers must also present to the other party all offers that their
client desires to submit, even when the broker disagrees with some or all the
provisions in the offer.
A listing broker’s duties to the seller are established in the Seller Brokerage
Engagement Agreement. Among other duties, there is a clearly defined duty to timely
present all offers to and from the Seller, even when Property is subject to a Contract to
Sell. (F101 Seller Brokerage Engagement Agreement Section 7.(a)(2).
Even when a seller’s or landlord’s property is under a contract to sell or lease, the
broker must still submit additional offers to the broker’s client. Likewise, a broker
representing a buyer or tenant must submit to the seller any offers or counteroffers that
the client wishes to make, even if the buyer or tenant is already a party to a sales
contract or to a lease (or letter of intent to lease). Interestingly, the obligation to timely
submit all offers likely extends to oral offers, even though contracts for the purchase or
real estate must generally be in writing to be enforceable.
The obligation to present all offers, even after the property is subject to an offer to sell,
is also included in the Code of Ethics Article 1 Duties to Clients and Customers.
Standard of Practice 1-7. When acting as listing brokers, REALTORS® shall
continue to submit to the seller/landlord all offers and counteroffers until closing
or execution of a lease unless the seller/landlord has waived this obligation in
writing. Upon the written request of a cooperating broker who submits an offer to
the listing broker, the listing broker shall provide, as soon as practical, a written
affirmation to the cooperating broker stating that the offer has been submitted to
the seller/landlord, or a written notification that the seller/landlord has waived the
obligation to have the offer presented.

The only way the listing agent is relieved of this obligation is if the seller has
waived the obligation in writing.
Reference: The Red Book on Real Estate Contracts in Georgia 6 th Edition, Seth Weissman
Code of Ethics Article 1 Duties to Clients and Customers