13. A licensee has presented an offer to a seller who wants 2 days to consider the offer. Meanwhile, the licensee receives a second offer that is not quite as good as the first one. What should the licensee do?
Answer: A
The licensee should immediately present the second offer to the seller.
It is essential for the licensee to present all offers to the seller, including the second offer, regardless of its competitiveness relative to the first. This ensures that the seller has all the information needed to make an informed decision.
A) Immediately present the second offer to the seller.
This option is correct as it aligns with the ethical responsibility of the licensee to disclose all offers to the seller. Presenting the second offer allows the seller to evaluate all available options, which is vital for making a well-informed decision.
B) Contact the seller and ask her if she is interested in hearing the second offer.
While this option seems considerate, it is not appropriate for the licensee to delay presenting the second offer. The seller has a right to know about all offers, and making inquiries instead of presenting the offer could lead to a breach of duty.
C) Hold on to the second offer until the seller decides on the first offer.
This approach is incorrect as it withholds information from the seller. The licensee must not delay presenting the second offer since the seller should have the opportunity to consider it alongside the first offer.
D) Return the second offer to the offeror.
This option is also incorrect. Returning the second offer without presenting it to the seller denies the seller the chance to make a choice based on all available offers. The licensee's role is to facilitate the decision-making process, not to limit it.
Conclusion
The correct answer is option A, as it is imperative for the licensee to present all offers to the seller to uphold their fiduciary duty. Options B, C, and D fail to meet this responsibility, either by delaying information or by unnecessarily restricting the seller's choices, which can hinder the seller's ability to make the best decision.