Is “offers from…” actually legal?

For an estate agent, including the phrase “offers from” in a listing is a rather controversial practice… And sometimes a dangerous one!

Indeed, this wording can cause confusion. Firstly, because it is reminiscent of an auction, which, as a reminder, is a practice reserved for notaries.

However, listings featuring the phrase “Offers from” are becoming increasingly common on property platforms… This is largely the case in private listings, where owners hope to attract as many competing offers as possible. Unlike an auction, it is the owner who decides in this case, not a notary. Furthermore, there is nothing requiring the owner to accept the highest offer.

But why would a professional use this type of wording?

Some agents use this wording to improve the positioning of their listing. Lowering the price of the property enables them to reach a wider audience. However, from a professional ethics perspective, an estate agent may not advertise a price different from the one agreed with the owner.

It is important to be fully aware that including such wording in listings can be difficult to manage. Firstly, there is the frustration experienced by those making offers. Secondly, there are ambiguous situations that should not be overlooked either. Indeed, there is nothing requiring the owner to accept the highest offer, as other criteria may also be taken into consideration.

It is therefore very important for the estate agent to make those submitting offers fully aware of this nuance so as not to mislead them.

An important part of an estate agent’s role is to secure the best price for the owner. However, when using this wording, it is difficult to encourage competing offers without choosing the one with the highest price. The IPI has received numerous complaints on this matter, with those making offers believing that the property should be theirs in such cases.

This wording is also problematic because it is difficult to understand.
The price sought by the seller is less transparent. This makes it difficult for prospective buyers to know what offer they should make. It is a delicate matter for the estate agent to advise them to make an offer at one price or another.

Caution is therefore required! As a professional, there is a code of ethics to follow and a duty to provide information.

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