Stremberg Realty, Crescent City CA

A broker or agent may not exercise personal discretion in determining whether to submit an offer, oral or written (or be concerned about the form it is written on), to the seller they have undertaken to represent. Failure to present all offers, when received, is comparable to an affirmative representation to the seller that the offer to purchase does not exist. The failure denies the seller the opportunity to consider and weigh all offers the agent has received, and better understand buyer demand in the market. [Simone v. McKee (1956) 142 CA2d 307]
As stated succinctly in the oft-cited real estate digest, Miller and Starr, “The [seller’s] broker must disclose to his principal-seller all offers that have been made by any person, whether the offer is only oral or in writing, and even though the seller has accepted another offer. ” [Miller and Starr §3: 27]
Freedom of choice
Many brokers erroneously believe they are legally compelled to use forms published by their trade union. However, the DRE clearly states and enforces the policy that seller’s agents, under their fiduciary duty owed to the sellers they represent, must present all offers received regardless of the form on which the offer is written

We submitted three offers for property, none of which were given to the seller! Had to track him down and do his job for him.