Can a listing agent share other offers? Rules by state
In most states the seller decides, but a few have their own rules. Pick a state for the rule, the source and what it means for an offer round.
Needs the buyer's permission too 1
Allowed after the seller sees the offer 1
Allowed with extra caution 2
MassachusettsAllowed with extra cautionRegulation requires conveying all offers; MAR and local boards have issued escalation-clause bulletins warning of confidentiality and fair-dealing tension. Allowed with seller consent but with heightened caution.NevadaAllowed with extra cautionThe Real Estate Division concluded that disclosing another buyer's offer terms could violate the licensee's fidelity/fair-dealing duties under NAC 645.605; it published multiple-offer guidelines.
Allowed with the seller's permission 46
AlabamaAllowed with the seller's permissionNo Alabama-specific rule; NAR SOP 1-15 and general fiduciary duty govern. Listing agent may disclose with the seller's authorization.AlaskaAllowed with the seller's permissionNo disclosure bar; allowed with seller consent.ArizonaAllowed with the seller's permissionNo ADRE-specific bar; allowed with seller consent under NAR SOP 1-15.ArkansasAllowed with the seller's permissionNo specific rule; allowed with seller consent.CaliforniaAllowed with the seller's permissionNo prohibition; C.A.R. Statewide Buyer and Seller Advisory expressly warns offers are non-confidential unless a written confidentiality agreement (Form CND) is signed.ColoradoAllowed with the seller's permissionNo CREC position statement bars disclosure; allowed with seller consent.ConnecticutAllowed with the seller's permissionNo specific rule; allowed with seller consent.DelawareAllowed with the seller's permissionNo specific rule; allowed with seller consent.District of ColumbiaAllowed with the seller's permissionNo specific rule; allowed with seller consent.FloridaAllowed with the seller's permissionChapter 475/FREC 61J2 single-agent 'limited confidentiality' runs to the client; a competing buyer's offer is not protected. Allowed with seller consent.GeorgiaAllowed with the seller's permissionBRRETA confidentiality protects only seller information and only 'unless the seller permits such disclosure.' A competing buyer's offer terms are not protected.HawaiiAllowed with the seller's permissionNo specific rule; allowed with seller consent.IdahoAllowed with the seller's permissionNo specific rule; allowed with seller consent.IllinoisAllowed with the seller's permissionReal Estate License Act 'confidential information' is client information; no bar on a listing agent shopping with seller consent. Contemporaneous-offer rule applies to a licensee's own clients.IndianaAllowed with the seller's permissionSeller's agent protects only seller information; the 'won't pay more than offered' rule protects a buyer-agent's own buyer, not a listing agent shopping a third party's offer.IowaAllowed with the seller's permissionConfidential information may be disclosed with the originating client's consent; no bar on listing-agent shopping.KansasAllowed with the seller's permissionBRRETA II seller's-agent confidentiality protects seller confidences; neutral transaction-broker limits do not bind a seller's agent acting with seller consent.KentuckyAllowed with the seller's permissionKREC Guide to Agency Relationships (Form 400) states offers sent to the other party are not confidential unless a prior confidentiality agreement is in place.LouisianaAllowed with the seller's permissionNo disclosure bar; allowed with seller consent.MaineAllowed with the seller's permissionNo specific rule; allowed with seller consent.MarylandAllowed with the seller's permissionCOMAR requires presenting all written offers; no confidentiality provision bars seller-authorized disclosure.MichiganAllowed with the seller's permissionOccupational Code confidentiality yields to client permission; a competing buyer's offer is not the seller-agent's client information.MississippiAllowed with the seller's permissionNo specific rule; allowed with seller consent.MissouriAllowed with the seller's permissionA listing (limited) agent may disclose with seller consent; the statutory bar on disclosing 'the terms of any prior offers' applies to dual agents only.MontanaAllowed with the seller's permissionNo specific rule; allowed with seller consent.NebraskaAllowed with the seller's permissionSeller's-agent confidentiality covers only client information; a competing buyer's offer is not protected.New HampshireAllowed with the seller's permissionNo specific rule; allowed with seller consent.New JerseyAllowed with the seller's permissionRules require transmitting all written offers within 24 hours; no disclosure bar. Allowed with seller consent.New MexicoAllowed with the seller's permissionNo specific rule; allowed with seller consent.New YorkAllowed with the seller's permissionDOS agency law requires honest, good-faith dealing; NYSAR guidelines confirm a listing agent need not disclose but may with seller authorization.North DakotaAllowed with the seller's permissionNo specific rule; allowed with seller consent.OhioAllowed with the seller's permissionNo bar on a listing agent shopping with seller consent; ORC 4735.65(B)(2) confidentiality of contemporaneous-offer terms applies to a buyer's agent representing multiple of its own buyers.OklahomaAllowed with the seller's permissionNo specific rule; allowed with seller consent.OregonAllowed with the seller's permissionOregon REALTORS® confirm the seller may disclose ('shop') offer terms; licensees must submit all written offers and keep a written record.PennsylvaniaAllowed with the seller's permissionRELRA/Pa. Code impose client confidentiality and a transaction-licensee neutrality rule, but do not bar a seller's agent shopping with seller consent.Rhode IslandAllowed with the seller's permissionNo specific rule; allowed with seller consent.South CarolinaAllowed with the seller's permissionSC REALTORS® guidance (adopting NAR Appendix IX) confirms sellers are not bound by the Code and may shop offers; brokers may shop unless prohibited by law.South DakotaAllowed with the seller's permissionNo disclosure bar; allowed with seller consent.TennesseeAllowed with the seller's permissionLicense law and TREC rules require presenting offers and client confidentiality but do not bar seller-authorized disclosure.TexasAllowed with the seller's permissionShopping offers is allowed unless barred by law or a confidentiality agreement, but TREC rules require fair, honest treatment of all parties; selectively telling only some buyers the current high offer violates TREC rules.UtahAllowed with the seller's permissionNo specific rule; allowed with seller consent.VermontAllowed with the seller's permissionNo specific rule; allowed with seller consent.VirginiaAllowed with the seller's permissionThe Code of Virginia imposes confidentiality only from the agent-client relationship and imposes no duty of confidentiality for offers received; terms may be disclosed absent a signed NDA.WashingtonAllowed with the seller's permission'Confidential information' is defined as information from or concerning a principal; a competing buyer's offer is not protected. Present all written offers.West VirginiaAllowed with the seller's permissionNo specific rule; allowed with seller consent.WyomingAllowed with the seller's permissionNo specific rule; allowed with seller consent.
General information, not legal advice. Check with your broker or your state's real estate commission.