Does the FlexMLS system of sending automatic emails to consumers triggers the need for a written buyer agreement? MAR Legal Counsel concurred that no, the need for a written buyer agreement is triggered when arranging to tour a home, whether in-person or virtually. More depth: The practice change requiring written agreements with buyers is triggered by two conditions: (1) applies to MLS Participants “working with” buyers and is triggered by (2) “touring a home.” You can leave your customers and clients on automatic emails, but as soon as they want to work with you to see a property is when you need to formalize the relationship because both criteria have been met. It can be a good time to reach out to your contact list and see if they are still in the house hunt though!
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