Q.) An unrepresented buyer came to an open house and wants me to help them submit an offer, but my seller will not consent to Dual Agency – how do I proceed?
A.) As an agent of the seller, you owe the seller duties of obedience, loyalty, disclosure, confidentiality, accountability and reasonable care and due diligence. You do not have an agency relationship with the buyer unless the seller consents to dual agency. If your office practices designated agency, another agent in the office may be appointed as a designated agent with the consent of both the buyer and the seller.
If one, or both, parties do not consent to dual or designated agency, you are limited to working with that buyer as a customer. In this scenario you must provide the unrepresented buyer with a Mandatory Agency Disclosure stating that you are a representative of the seller. You may assist the buyer with filling out a Contract to Purchase, but you may not provide the buyer with advice or recommendations pertaining to the terms of the offer.
The information and services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service. The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at email@example.com.