Unrepresented Buyer Clarity

Just a reminder to take extra care in ensuring you are very clear about who your represent – and more importantly, who you do NOT represent. You can find yourself in hot water with claims of undisclosed dual agency or implied agency when there are inconsistencies in your actions and paperwork.  Using an Unrepresented Buyer form #722 by MAR for example, is a great way to ensure someone is fully informed you represent the seller, in addition to the Mandatory Consumer Relationship Disclosure form.

Transaction details are very important too: Do NOT list yourself as the Buyer’s agent on a purchase agreement or lead paint form unless you really are. Lenders and lawyers see those documents and may communicate with you as if you’re an agent with fiduciary duties to that individual. Buyers could become confused if your name is listed and believe that you represent them. It’s very important that you “stay in your lane” and only sign and state you are working on behalf a client with whom you have a written agency relationship.  It’s equally important for the records to make sure you use the MLS option of  “unrepresented buyer” as the selling agent when reporting pendings and sales.  We want to make sure you don’t accidentally assume liability.