Reminder: Agency Disclosure is a Disclosure not a Contract

Please remember that you can’t demand a copy of a cooperating broker’s agency disclosure form… You can ask for it, and many agents will gladly provide a copy.  Sometimes an agent may chose not to provide a copy when asked, for confidentiality reasons.  Please note that this is first and foremost a disclosure between the party and the agent about representation – it is not a contract and involves no other agent.  There is nothing that mandates a listing broker has a right to see or receive a copy of a buyer’s form, but there are alternatives if they have a specific purpose in mind:

(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?

(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:  Cooperation is at the heart of each transaction – so those working with buyers – try to help your fellow colleagues know who you represent and how, and be willing to provide some form of written documentation indicating such for their files… and those working with sellers, try to understand that sometimes an alternative is the easiest solution.