Home Seller Consent

Realtors are not permitted to lower a client’s list price without their explicit consent. The listing price is a key component of any agreement between a home seller and their realtor. Any changes to that price must be approved by the seller. If a realtor changes the sale price without their client’s permission it would violate the terms of their contract and could lead to both legal and professional consequences for the real estate agent.

Your realtor may recommend changing the price on your home for sale if it’s not garnering enough interest, but they are required to consult with you prior to making changes. Realtors have a fiduciary duty to clients, which includes loyalty and care. They must always act in the best interest of the seller and within the legal bounds of their role, which includes seeking consent on all major decisions.

Types of Major Decisions a Real Estate Agent Requires Explicit Consent to Make 

• Accepting or Countering Offers: A real estate agent selling your home must always bring offers to you to accept. They must also receive your explicit permission to counter any offers they receive on your behalf. As the home seller, you should decide which offers are acceptable. No decision should be made without your approval.
• Changing the Listing Agreement: A real estate agent is not allowed to change the length of your contract, commission structure or any special terms without your explicit approval. 
• Marketing and Advertising Strategies: Some marketing tools or strategies require the explicit consent of the homeowner, like those that involve accessing the property and bringing prospective buyers into the seller’s home. For example, getting a home staged, professionally photographed or conducting an open house should only be done with the homeowner’s permission. 
• Agreeing to Sales Contract Terms: The details of your closing and all the terms of your sales contract, including inspection timelines, contingencies and closing dates, must be agreed to by you as the home seller. The agent is not legally allowed to alter contracts without your explicit consent. 
• Consent to Disclosures: Any material information disclosures regarding your property, such as structural issues or past repairs, should only be offered with your express permission. Although agents in some jurisdictions are required to disclose certain defects to potential homebuyers, they must always first discuss the disclosures with the homeowner. 
• Home Inspections and Repairs: A real estate agent cannot singlehandedly negotiate repairs or agree to credit the buyer for repairs without the home seller’s consent. In other words, they can’t accept a lower offer to compensate for the cost of repairs. 
• Exclusive Listings: The seller is permitted to decide whether to list exclusively with one agent or allow for broader distribution on the multiple listing services.

Timing Decisions Are in the Hands of the Seller

Home sellers are not obligated to sell at any specific time, even if they have a contract with a listing agent. A seller has the right to extend the listing, delay accepting offers, or even pull the home off the market. This flexibility is particularly important for sellers who need to buy a new home and may need to put off the sale to better coordinate their move.

Signs You May Benefit From a New Real Estate Agent

As a home seller, you have the right to make major decisions regarding the sale of your home. If you feel as if your agent is overstepping their bounds or pressuring you into decisions that go against your priorities or preferences, you may want to reevaluate your contract. You always have the power to take control if you feel your agent is acting in your best interest or according to your preferences.

Get Experienced Guidance That Puts You First

At 72SOLD, we’re dedicated to maximizing the price and speed of home sales for every client we work with, but which offer you accept is ultimately up to you. You can learn more about our process or get our price for your home by filling out the form on our website.