If a buyer prepares two offers and instructs an agent to present the lower offer first, what is the agent's obligation?

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In this scenario, the agent has a fiduciary duty to act in the best interests of the buyer. While the buyer has the right to instruct the agent on how to present offers, the agent must also consider the implications of presenting a lower offer first.

If presenting the lower offer would not serve the buyer's best interests—such as if it's unlikely to be accepted and may jeopardize the buyer's chances of negotiating successfully—then the agent has an obligation to advise against this approach. This duty to act in the best interest of the client can override the client's specific instructions if those instructions could harm the client's negotiating position.

The agent must ensure that the presentation of offers is done in a balanced manner and in alignment with ethical practices and legal obligations, focusing on maximizing the buyer's opportunity for a successful transaction. Therefore, the agent's obligation in this case centers on maintaining professionalism and ensuring that the buyer's interests are prioritized.

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