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Q: “I am the listing agent on a property and have an interested prospective buyer who is unrepresented. I do not want to enter into a dual agency situation, but I would like to show the buyer the property. Do I have to have a signed representation agreement with the buyer prior to showing the property?” 

A: No, when you are acting as a listing agent, you do not need to have a signed representation agreement with a prospective buyer prior to showing the property. The requirement to have a signed written agreement prior to showing a property applies when an agent is “working with a buyer.” If you are the listing agent, you are working with the seller, not the buyer, so a written agreement with the buyer is not necessary prior to showing the property. As the buyer is unrepresented in this scenario, however, you, as listing agent, would have to provide a written disclosure of your brokerage relationship to the buyer.   

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