📁 Case #005: Offer Presentation Delayed by Form 244 Abuse

🧾 Summary

A buyer submitted an offer for a property listed publicly with a deadline before 6:00 PM. The offer was submitted in full, including proof of financing and conditions. The buyer's agent was later told that the seller would not be reviewing any offers until a future date, due to a signed Form 244 – Seller's Direction Regarding Offers.

However, within 24 hours, the listing status changed to "Sold Conditional" on MLS — with no further opportunity to revise or compete. It became clear that the listing agent had selectively accepted an offer, despite stating via Form 244 that no offers would be reviewed until a specified time.

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⚠️ Key Issues

• Form 244 used to limit buyer opportunity

• Lack of transparency in offer process

• Appearance of preferential treatment

• Agent failed to disclose early review to all interested buyers

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📎 Supporting Documentation

• Buyer’s original offer and email timestamp

• Screenshot of MLS listing change

• Email thread from buyer agent requesting offer status

• Copy of Form 244 with seller instruction date

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⚖️ Legal Concerns

• While sellers may delay offer presentation using Form 244, agents must notify all interested parties if that instruction changes.

• Changing offer timelines mid-process may result in unfair dealing or a lack of informed competition.

• This is a common misuse of Form 244 to create artificial bidding control.

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🔍 Current Status

• No RECO complaint filed

• Property sold to a buyer connected to the listing agent's brokerage

• Buyer lost opportunity without explanation