I'm going to act like I never heard this question! No way am I going to give a suggestion on condoning any type of possible "fraud." 

Both are poor business practices but falsifying documents would be worse. It would be better to risk getting audited, then deal with the punishment.

That feels like a trick question - which is worse?  Do I want to cut off my right hand or my left?  Neither would be good.  

Mimi,

I hate it when it is attorney time....so much time wasted and money spent. A

Doing it right in the first place

Neither  agent and neither Broker should have let this get to this point.

That is a decision that they will have to make on their own.

Best to have a system that gets all of the forms filled out at the same time.

Our Contract doesn't specify that way . . . now I will have to call legal since it is a Fed thing . . . aright, who's on the pipe? 3:)

I don't think there is anything unlawful about preparing an offer ahead of time. I would bet that happens often with more agents using " Coming Soon" .

FRAUD is FRAUD !   Back to my motto:

                          " Be A Professional "

I don't think this passes the test.   RUN, . . . . . and run fast !

Too many legal angles; a local attorney needs to tackle this one.

Two wrongs never make a right.  They are both bad.

That s a question for a real estate attorney in my opinion.

Take it to a Lawyer.   Let him or her determine the appropriate date.   Or, let him or her tell you to risk an $11,000 payment to the Federal Government.

That's something to think about.....

Wow.  Different than the regs in CA.  I'd say get your broker and state's lawyers involved to find an equitable solution.

Yikes.   I'm with Nina Hollander  on this.   The broker and probably legal counsel should be contacted immediately.  

Follow the terms of the contract.

Mimi Foster The answer is simple. The contract is null and void. Anything else is fraud.

parked and reading

We ALWAYS include it at the time of signing the purchase offer!!!

We have a similiar rule & it seems to be ignored. I am still in the camp of leaving it when it is actually signed. Actually the sellers predating the listing paperwork messed the whole thing up & you wonder if that is correct doing that.

I've had deals where one attorney requests that all the riders are redated by all parties & that is usually after the contract. It's like a recertification of what the seller represented.

Both are bad.  I have reviewed paper work on thousands of transactions and most times the LBP is not completed properly; however I don't know anyone who has been fined for an incorrect LBP.

both.

Like Nina, no comment!

I have written offers where there was no lbp provided by listing agent. When this happens, i fill out the form myself and leave the sellers section blank, putting any liability on the listing agent. This way my client has received a disclosure which cma. This is pretty routine here with all of the disclosures, we have a lot of slack agents.

I would have to cancel then start all over Mimi. I don't like the looks of either scenario.

One is bad and the other worse. Risk getting audited if you must choose between these two bad choices.

Neither is good.

Mimi Foster this seems to be happening a lot!

Recently on a new listing, no showing till open house of another agent, about 30 people showed up at open house and within few hours, the home is under agreement!

My buyers wanted to write an offer - and were so disappointed - asked me what's going on and I had no answer!

If it's MY listing, one is in the file with the listing AND uploaded to the MLS so won't be me being fined.  Oh and I always get it signed with offer for my buyers.  

But did the BA not do a LBD to go with their offer?

It's always interesting how different real estate contracts can be from state to state. My first impulse was - attorney time

They both sound bad, but I guess technically, falsifying is worse.

That being said, I'm not sure that this is an issue in this case, although I'm not a realtor, and this may be a difference between states.

Here in NY, you make an offer...which is NOT a contract.  Contract is done later, often a month or more later.  I may be completely misunderstanding your comment below and how things are done in your state.

Which contract are you referring to?  The listing contract?  If so, who's mistake is it?  Who would get fined?  The agent or the seller?  Sounds like the seller didn't disclose.  In any event, this is stupid on the agent's part as they should be checking this and they should have known date of home.

Interesting question.

I have no opinion about the technicalities of your question, but life has taught me that it is worthwhile to me to stand firm on my own behalf.  I am not saying which side of this fence is best for your behalf, lol, but people are very curious: if you don't respect yourself in your interactions, they feel justified in treating you like dirt.  If you do respect yourself, they begin to be more respectful.  And side benefit:  you will like yourself better.  (So much nicer than feeling guilty.)

Interesting situation but not really sure why the problem. LBP is a known problem with houses of a certain age.  Owners can only comment on items they know about.  The volume of paperwork we deal with on home sales can be overwhelming. We play catch up on required paperwork all the time.  I don't see need to get lawyers involved if everyone is in agreement.