When convenience conflicts with a client's choice
A seller's property is not under contract. The listing agent prefers a quick cash closing and hides a higher financed offer solely to avoid extra work. Which answer best applies the fidelity canon?
Check answer and explanation
Correct answer: B. The agent put personal convenience above the client's interest.
Rule 531.2 makes the client's interests primary and prohibits putting personal interests first. The seller decides which offer to accept. Rule 535.156(a)'s written-instruction exception for later offers after a client enters a contract does not apply: this property is not under contract.
Why the other choices miss:
- A. The agent may screen out offers whenever financing could delay closing: Financing may affect the seller's decision, but it does not authorize the agent to hide an offer for personal convenience.
- C. The agent may withhold the offer if the advertised price was already met: Meeting the asking price does not remove the duty to present offers. The seller still decides which terms to accept.
- D. The agent fulfilled fidelity by choosing the easiest transaction to close: An easier closing benefits the agent here. Fidelity requires putting the client's interests ahead of that preference.
Watch for this: An offer with financing is not automatically better or worse. The violation is hiding it for the agent's convenience.
Rule: TREC Rules 531.2(1)-(3), 535.156(a)-(b); TRELA 1101.557(b)