A friend of mine who is also a Realtor® and I have this discussion quite frequently. She is in another state and she believes that when a listing broker is present at showings of houses where the buyer is represented by their own broker that an agency form needs to be completed. The listing agent is having contact with a buyer and that buyer needs to understand that the listing agent represents the seller. Therefore while there is an obligation to be honest they still represent the seller and the sellers interests.
My friend and I go back and forth on this point. She is right but I don't know any listing broker who shows a home to a buyer that asks the buyer to complete an agency disclosure form prior to discussions about the property even though I believe that is the law. No one can assume that all buyers understand this point fully which is the purpose of the agency disclosure to begin with. So, does it fall on the buyers agent to explain to their buyer that the listing agent is a representative of the seller. I have no problem with that however is the listing agent breaking the law of agency? Is it fair to the buyer to request them to sign anything with the sellers agent?
Hmmmm.
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