Legal Hotline Spotlight*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.

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.   

Have a question about this article? Submit it to the Legal Hotline!

The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).

Here are some tips to help make the Legal Hotline work for you!