13.4 Managing, Presenting & Countering Offers
Key Takeaways
Rule 57(j) requires timely presentation of all offers and counteroffers to and from the seller, including during an accepted sale. Rule 61 separately requires true copies of written offers and acceptances.
The seller sets lawful directions for handling competition and whether its existence is disclosed. Communicate only accurate, authorized information and protect transaction confidences.
Compare price, deposits, financing and conditions, deadlines and possession. Avoid leaving the seller exposed to two accepted obligations to sell the same property.
A counteroffer normally rejects and replaces the original offer. Apply the actual deadline and notice terms and check any separate agreement holding an offer open.
Present the offers and preserve the record
Under Rule 57(j) a seller’s sole agent must provide all offers and counteroffers in a timely manner to and from the seller, even while the property is already under a purchase agreement. Rule 58(l) gives the corresponding buyer duty and Rule 58.1 extends those duties to designated agents. Rule 61 requires timely true copies of written offers and acceptances for the originating party and the other parties. Keep the documents, times and delivery evidence. A pending agreement affects the seller’s options, and does not end the duty to present received offers.
Tell the seller immediately when more than one actual offer exists and explain the presentation options before obtaining the seller’s directions in writing. Distinguish expressions of interest and promised offers from those received. The seller’s representative follows lawful instructions and obtains the seller’s consent before disclosing that there are competing offers. If authorized to disclose a number, give a verified count. Rule 44 restricts disclosure of client, property and transaction information. Check authorization, privacy, any contract or association restrictions and the agency setting before sharing specific terms. For example, a seller authorizing disclosure of the number of offers has authorized only that disclosure. Rule 58(n) requires the buyer’s sole agent to disclose the existence and terms of competing offers known to them, applied consistently with confidentiality and conflict duties. It does not authorize a seller’s agent to supply restricted terms.
Compare what the seller can achieve
| Choice | What to explain |
|---|---|
| Accept one offer as written | Compare price and the chances and timing of completion. Confirm the deadline and deliver the accepted contract as required. |
| Counter one offer | Identify the changes and the deadline. A counteroffer can lose the original offer and the other offers may expire or be withdrawn. |
| Ask for revised offers | Explain the process and timing and use truthful, authorized information. Buyers may leave terms as they are, revise or withdraw, depending on the circumstances. |
| Decline offers or consider a backup | The seller may decline an offer. If already bound, seek broker or legal help with a properly conditional backup before undertaking another sale obligation. |
One buyer offers $545,000 with financing and inspection and a longer possession date. Another offers $540,000 with fewer conditions and the seller’s desired date. Verify the deposit and other terms and ask how the seller values price, timing and the risk of a failed sale. Explain available strategies before taking instructions. Ask the seller to describe which conditions remain and when each buyer could walk away. If the seller asks for more time, check the offers’ deadlines before contacting the buyers. Avoid overlapping unconditional counteroffers because more than one acceptance can create incompatible obligations. A backup needs an express condition dealing with the earlier contract.
Keep an offer, counteroffer and acceptance distinct
An acceptance agrees to the offered terms. A response proposing materially different terms ordinarily rejects the original offer and makes a counteroffer. In Hyde v. Wrench, the recipient could not later accept the rejected original offer. A question seeking information can leave an offer intact, and the original offeror may renew an earlier offer, as the Alberta court found on the facts in Livingstone v. Evans. Check the actual words and sequence.
For the January 2026 AREA form, clause 17.2 sets the offer or counteroffer’s deadline for written acceptance. Clauses 13, 14 and 16.1 govern notice, authorized recipients and when the accepted contract takes effect. Write the revised terms and time clearly, have the client sign or initial as appropriate, and deliver the complete document. For an offer open until 6 p.m., signing at 4 p.m. and first sending the signed acceptance at 6:10 p.m. does not meet those terms, absent a valid change or renewal.
An ordinary offer can generally be revoked by effective communication before acceptance. A binding option or other enforceable agreement to hold it open changes the analysis. Check the actual document and the timing. Document and transmit the client's lawful instructions promptly and involve the broker or counsel if the validity or sequence is disputed.
RECA Rules · RECA multiple-offer guidance · January 2026 AREA purchase contract · Dickinson v. Dodds, reasons · Hyde v. Wrench, reasons · Livingstone v. Evans, reasons
An Alberta seller authorizes their listing associate to disclose only the number of actual offers. A competing buyer’s agent asks what the other buyer offered and what price the seller will accept. What should the listing associate do?
Report the accurate count within the seller’s authorization and protect the other offer’s terms and the seller’s confidential instructions.
Share the price because permission to disclose the count covers every detail.
Share the confidential details with every buyer to treat them equally.
Invent a higher offer to encourage the second buyer to improve.
An Alberta seller is already bound by a conditional purchase contract. A second buyer sends a written offer and asks for a quick reply. What should the seller’s sole agent do?
Withhold the offer until the first buyer’s conditions expire.
Ask the seller to accept the second offer unconditionally if it has a higher price.
Present the new offer promptly. If the seller wants a backup, obtain help with terms that address the existing contract.
Reject the offer on the seller’s behalf without asking for instructions.
Under the unmodified January 2026 AREA form, written acceptance is open until 8 p.m. The seller signs acceptance at 4:30 p.m. but first emails the signed contract to the authorized representative at 8:05 p.m. There is no agreed extension or renewed offer. What follows?
A contract began at 4:30 p.m. when the seller signed.
The signature extends the deadline until the end of the day.
Email is ineffective for every acceptance under this form.
No contract arose on these facts because the accepted document was first sent after the deadline.
Sections you finish are checked off in the contents.