Does a Realtor Have to Present All Offers? A $5.3M Story
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Yes, every real offer has to be shown to the seller, no matter the amount or format. This is the true story of a $5,300,000 offer NestApple’s founder, Georges, submitted on a NYC listing, one the seller never actually saw. Names are withheld to protect the client.
We represent NYC buyers, and most brokers we deal with are honest professionals. This story is about one who wasn’t, and what happened as a result. Our pillar guide to negotiating in NYC covers what a listing agent is supposed to do once your offer is in.
Yes, on a bar napkin or a REBNY form, doesn’t matter, is the real answer to whether an offer has to be presented.
What happened with the $5.3 million offer that vanished
A number the seller never even got to say no to is what this offer became. A buyer found an apartment listed at $5,800,000 and attended the open house before hiring NestApple.
Once he did, Georges introduced himself to the listing agent. He submitted a fully documented offer of $5,300,000, backed by proof of funds and a pre-approval letter. It wasn’t a lowball offer: $500,000 under asking, from a fully qualified, represented buyer.
The listing agent came back saying the seller found the offer insulting and wouldn’t even counter. Something about that response felt wrong for a property that had sat on the market for months. Georges requested written acknowledgment that the offer had actually reached the seller. The listing agent refused.
Can a broker contact a buyer represented by another agent
No, and doing it anyway is how this story unraveled, is the direct answer. A few days later, the listing agent contacted the buyer directly, bypassing NestApple entirely, even though both brokers were REBNY members. Georges reminded her that NestApple represented the buyer and that any further communication had to go through his office.
Under NAR’s Code of Ethics, Standard of Practice 16-13 covers this exact situation. It requires dealings with an exclusively represented buyer to run through their agent, not directly with the buyer. Contacting the buyer directly, as this agent did, is precisely what that rule exists to prevent.
| What happened | Rule it likely violated |
|---|---|
| Offer never shown to the seller | Written offer acknowledgment practice |
| Refused to confirm the offer was presented | NAR SOP 1-6, present offers objectively and promptly |
| Contacted the represented buyer directly | NAR Article 16 / SOP 16-13 |
What is a written offer acknowledgment
The seller’s own signature saying yes, I saw this, is exactly what an offer acknowledgment form provides. A listing broker who receives a written request must provide written confirmation the offer was presented, or written notice that the seller waived that right. If a seller refuses to sign, the agent has to document that refusal in writing and keep a record of it.
This is exactly the document Georges asked for and never received. OneKey MLS’s own guidance on offer presentation and acknowledgment covers what it’s meant to establish. Its absence turned out to be the tell.
What happens when a broker fails to present an offer
Disciplinary trouble, if anyone can prove it happened, is the honest summary. A broker who fails to present a legitimate offer can face professional standards complaints and MLS sanctions. Depending on the facts, real legal exposure to the seller they were supposed to represent is possible too.
Months later, the listing came back on the market with a new agent and a reduced price of $4,800,000. NestApple contacted the seller directly this time. The seller confirmed she had never received the original $5,300,000 offer at all.
What to do if you suspect your offer wasnt presented
Ask for the acknowledgment before you assume the worst, is the first practical step. Request written confirmation the offer reached the seller, and put that request in writing yourself. If it’s refused or ignored, our complaint guide covers escalating through the local Realtor board or the state.
What this story actually cost everyone involved
A buyer, a commission, and eventually the seller’s own asking price, is the real tally here. The buyer lost interest and moved on. NestApple lost the commission on that deal. And the seller, the person the listing agent was supposed to be protecting, ended up relisting $500,000 below the offer that never reached her.
As Georges puts it, “it’s all about the numbers and the execution,” and this story is what happens when someone else’s execution fails you. On an average purchase our commission rebate returns roughly $22,000 at closing. Run your full numbers on the closing cost calculators with an agent who actually shows your offer.
Common questions
Does a realtor have to present all offers to the seller? Yes. Every legitimate offer, in any format, has to be presented to the seller regardless of price or how it compares to other offers.
What actually happened in this story? A NestApple client’s $5,300,000 offer on a $5,800,000 NYC listing was never shown to the seller. She later confirmed she never received it; months afterward, the same listing came back on the market $500,000 below that unpresented offer.
Can a listing agent contact a buyer who has their own agent? No. NAR’s Code of Ethics requires dealings with an exclusively represented buyer to go through their agent, not directly with the buyer.
What is an offer acknowledgment form? A written confirmation that a seller received and reviewed an offer, or written notice that the seller waived that right. It’s the paper trail this story’s seller never got the chance to leave.
What should I do if I think my offer wasn’t presented? Request written acknowledgment that it reached the seller, in writing. If you’re refused, escalate through the listing agent’s local Realtor board or the state.
Nicole Fishman Benoliel co-founded NestApple in 2017. She's a lawyer admitted to the New York bar - her law degree is from La Escuela Libre de Derecho in Costa Rica, with further study at IE Business School in Madrid and an LLM from Fordham in New York. She does not act in a legal capacity at NestApple; every client is referred to an attorney who handles real estate deals full time.
