“What if a buyer doesn’t want to sign a brokerage agreement?”
August 14, 2024
*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: If a buyer wants me to work with them but does not want to sign a brokerage agreement, can I have them sign a Disclosure of Unrepresented Parties form and continue working with them?
A: No. The Disclosure of Unrepresented Parties form is only meant for a situation where an agent represents one side in a transaction and the other side has no representation at all. Typically, this happens when a listing agent (who represents the seller) encounters an unrepresented buyer at an open house. If, however, you are an agent who wants to work with a prospective buyer, but you do NOT have any relationship with the seller, you would need to get some brokerage relationship document signed by the buyer. This could be for a limited period of time or for only one specific property.
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