Written Disclosure of Agency Representation Due When Submitting Purchase and Sale Agreement

As a reminder, when presenting a Purchase and Sale Agreement to the Listing Agent, a written disclosure of your agency (or non-agency) relationship with the Buyer must be included.  As we have discussed before, it has been local practice for the Agency Disclosure form to be submitted with the P&S to satisfy this requirement, however; the Listing Agent cannot demand a copy of that form.  Any written disclosure is acceptable!  This requirement is outlined in the Code of Ethics under Article 16 and supported by Standard of Practice 16-10, as shown below:

Standard of Practice 16-10:   REALTORS®, 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)

A previous article written on this subject can be found here:  Reminder: Agency Disclosure is a Disclosure not a Contract

Please contact staff at the Board Office with any follow-up questions.