Great Questions and Answers:

I ran across these Questions and Answers in the August print copy of "Ohio Realtor." I've copied and pasted the questions and answers from the accompanying online article: Click here to see the article.

There are some great Questions and Answers here. Let me know what you think:

Q: Does a listing agent have to present a verbal offer to purchase to a seller?
A: Yes, you are obligated to present all offers to purchase to the seller. While you should certainly attempt to persuade the prospective purchaser to reduce the offer to writing, if he/she refuses, the offer should still be presented to the seller. However if the offer is accepted, the contract will not be binding or enforceable until it is in writing and signed.

Q: The seller has received a full price offer on his property. However, he is refusing to accept this offer and says he wants to make a counteroffer for more than the asking price. Can the seller refuse a full price offer and "counter" for more than the listed price?
A: Yes. The seller is not legally required to accept an offer because it is "full price" and he can counter for more than the listed price. However, the listing broker could bring a claim against the seller for his commission based upon the theory that the broker has produced a ready, willing and able buyer on the terms provided for in the listing contract.

Q: If a seller rejects an offer to purchase must the seller indicate "rejected" on the face of the offer?
A: No. A seller can verbally reject an offer. However, it is best that the rejection is marked on the offer so there is no question that the offer was presented and that it was rejected.

Q: A listing agent describes an offer to an out-of-town seller over the telephone. The seller verbally indicates his acceptance of that offer, which the listing agent communicates to the buyer. Before the seller receives and signs the original offer, the listing agent receives another offer, which the seller wants to accept. Is there a binding contract with the first buyer?
A: No. Although the seller verbally accepted the first offer, under the Statute of Frauds there would not be a binding contract because the seller did not sign the offer. Therefore, the seller would be free to accept the second offer.

Q: Negotiations have been going back and forth between a seller and a buyer for over a week. The seller is considering a counteroffer from this buyer, when another higher offer is received. Is the listing agent required to notify the first buyer that another offer has been received and give that buyer an opportunity to increase his counteroffer?
A: No, there is nothing that legally requires the seller to give the first buyer an opportunity to raise his offer. Of course, if the seller wishes to give the first buyer such an opportunity, he may do so, and the listing agent would have to follow these instructions.

Q: A seller has received two offers to purchase his property. Can he make counteroffers to both buyers?
A: While he can do this, it is not recommended for the seller to make more than one counteroffer at a time. This is because both buyers could accept the counteroffer and deliver notice, thereby creating a binding contract with both parties.

Q: If a home does not appraise for the purchase price can the buyer automatically get out of the contract?
A: Clearly the buyer will be able to do so if the contract was contingent upon the home appraising for the purchase price. If not, the only other grounds for the buyer to get out of the contract will be if the contract was contingent on the buyer obtaining a specific amount of financing and the buyer cannot obtain that financing due to the low appraisal.

Q: On a listing submitted to MLS several appliances were checked as staying with the property. A contract to purchase was subsequently negotiated and closed. When the seller moved out, they took the appliances listed in the MLS, claiming that because the purchase contract did not provide that the appliances stayed, they did not have to leave them. The buyers thought they would stay because they were listed in the MLS. Who is right?
A: The sellers are. Although the appliances may have been listed in the MLS, the purchase contract is the legal document that controls the terms of sale between the buyers and sellers. Unless the appliances were listed in the purchase contract, the sellers were free to take them.

Q: Can a "back-up" buyer get out of a back-up contract at anytime if they find another property?
A: No. A back-up buyer is bound by the terms of the back-up contract. If the buyer wants the ability to terminate the contract if they find another home they would need to include this provision in the terms of the back-up contract.

Q: Is a buyer legally entitled to a "walk-through" before closing?
A: No. Ohio law does not provide the buyer with a legal right to a walk-through. If the buyer wants a walk-through prior to closing on the home the buyer should include this in the terms of the purchase contract.

Dan Hamilton
Keller Williams Greater Columbus Realty
http://www.hamiltonhomesgroup.com/