Can a broker refuse to bring me an offer they think is too low?
No. In Canada, a business broker acting as your listing agent must present all written offers to you, regardless of their opinion of the offer's merit. A broker may not withhold an offer because they believe it is too low, unrealistic, or unlikely to be accepted.
Broker's Fiduciary Duty to Present All Offers
A business broker owes a fiduciary duty to the seller as their agent. This duty includes the obligation to present all written offers to the seller regardless of the broker's opinion of the offer's merit. The decision to accept, reject, or counter any offer rests solely with the seller, not the broker.
For business sales that include real property (owned premises, land, or leasehold interests that require real estate registration), the broker is typically licensed under the provincial real estate act, and this obligation is also codified in provincial real estate statutes. For business-only transactions where no real property changes hands, the broker is not required to hold a real estate license, and the obligation derives from common-law agency principles and is reinforced by the CABB Code of Ethics and IBBA Professional Standards.
This obligation exists even if the offer is below the asking price, below a previous offer, or contains unfavorable terms. The broker's duty to present all offers applies independent of the broker's commission structure or whether the offer includes financing contingencies.
What 'Present All Offers' Actually Means
An offer must be in writing to trigger the broker's obligation to present it. Verbal expressions of interest do not carry the same legal requirement.
A broker may prioritize how they present multiple offers — for example, presenting a stronger offer first or summarizing multiple offers in a single meeting — but they may not filter out offers entirely based on their subjective assessment of quality.
Some sellers report brokers discouraging them from considering low offers by characterizing them as "tire kickers" or "not serious buyers" without formally presenting the written terms. This practice violates the broker's fiduciary duty if it results in the seller not receiving the written offer.
When a Broker May Advise Against an Offer (But Must Still Present It)
While a broker must present all offers, they may advise the seller on the offer's strengths, weaknesses, and risks. Brokers commonly recommend rejection or counter-offer strategies when an offer is significantly below market value or contains problematic terms.
The distinction is clear: the broker must give you the offer. They may then tell you why they think you should reject it. They may not make that decision for you by refusing to present it.
Enforcement Channels by Transaction Type
Real-property-inclusive transactions: When the business sale includes real property, the broker is typically licensed under the provincial real estate act. Provincial real estate councils — RECO in Ontario, the BC Financial Services Authority (BCFSA) in British Columbia, and equivalent bodies in other provinces — have statutory jurisdiction and can impose fines, mandatory education, or license suspension for brokers who withhold offers.
Business-only transactions: When no real property is part of the deal, the broker is not required to hold a real estate license, and provincial real estate councils have no jurisdiction. The broker's obligation to present all offers derives from common-law agency duties. Recourse for sellers includes filing a conduct complaint with CABB or IBBA against the member broker, and civil action for breach of fiduciary duty in the applicable provincial court.
What to Do If Your Broker Refuses to Present an Offer
If you suspect your broker is not presenting all offers, you may request written confirmation that all offers received have been forwarded. Provincial regulators require brokers to maintain documentation of all offers, and you may review the broker's file documentation.
If your broker refuses to present an offer or cannot provide documentation of offers received, your recourse depends on the transaction type:
- Real-property-inclusive transactions: Contact the provincial real estate council (RECO in Ontario, BCFSA in BC, or the equivalent in your province) to file a formal complaint against the licensed broker. Withholding an offer is a regulatory violation subject to fines, mandatory education, or license suspension.
- Business-only transactions: File a member conduct complaint with CABB or IBBA against the broker. You may also consult a lawyer about civil remedies — a broker who withholds an offer breaches their common-law fiduciary duty and may be liable for damages if the withheld offer would have resulted in a sale.
This article is for informational purposes only and does not constitute legal or business advice. Every situation is different. Before making decisions about your listing agreement or filing a regulatory complaint, consult a qualified professional familiar with your specific circumstances.
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