If you are asked for a copy of your ‘Consumer-Licensee disclosure form’ when making an offer, can you provide it to the seller’s broker? Of course! But, the seller’s agent can’t demand a copy or make the offer contingent on you providing it. While many agents will gladly provide a copy to make sure all understand who they represent and what compensation they expect, sometimes an agent may chose not to provide a copy for confidentiality reasons. Here are alternatives:
(1) If a copy is requested and not provided, you can require a statement from the cooperating broker indicating the name of the buyer and the manner in which they are working with them. This allows the listing broker to see, in writing, what compensation is going to be due and also what boundaries they must use when speaking of the property and transaction…. are they a sub-agent, a buyers agent or a facilitator?
•Standard of Practice 16-10REALTORS®, acting as buyer or tenant representatives or brokers, shall disclose that relationship to the seller/landlord’s representative or broker at first contact and shall provide written confirmation of that disclosure to the seller/landlord’s representative or broker not later than execution of a purchase agreement or lease. (Amended 1/04)
(2) If, on the other hand, a copy is requested because the listing broker doesn’t believe a prospective buyer is aware of the representation status of the agent at the showing, a listing broker can present their own a disclosure form to the buyer making it clear that they represent the seller exclusively, and explain the representation types available.
No heartburn required: This document is first and foremost a disclosure between agents and customers/clients about representation – it is not a contract. Cooperation is at the heart of each transaction – so those working with buyers – try to help your fellow colleagues by sharing who you represent and how, and be willing to provide some form of written documentation for their files… and those working with sellers, try to understand that sometimes seeking an alternative is the easiest solution.