Sharon Kowitz, Cary, NC Relocation Specialist ~ Buying or Selling (CRS-SRES-ABR-GRI-E-Pro-CREN Fonville Morisey Cary, NC)

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Rainmaker
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Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

What Michael Jacobs said.  I wish you all the best with this. 

Aug 18, 2016 12:49 AM
Ambassador
1,250,068
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

We have forms for that.  It would be interesting to discover why they feel this way?

Aug 17, 2016 11:23 PM
Rainmaker
3,246,053
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

In California it is called dual agency and it must be disclosed.  The buyer likely thinks they will be getting a "deal" and likely will be surprised by the truth.   

Aug 17, 2016 11:23 PM
Rainmaker
535,157
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
RE/MAX Valencia, Stevenson Ranch, Santa Clarita

I won't work with a buyer without represtation.  I would be their agent or they would have to find someone else.  A seller is different though.  I have sold a home to a seller that wasn't being represented.  I ended up doing extra work for nothing but we did close escrow without legal problems.

Aug 20, 2016 01:03 PM
Rainmaker
1,212,459
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I've not seen this one before on a purchase!  I'd definitely place a call into my state's legal hotline on this one.  It is common on rentals.

My thoughts are:

  1. They'll need to use the proper forms.  I wonder how they would get them without representation?  I'd probably have to provide them.
  2. They legally can't get the commission, so I would get both sides.
Aug 19, 2016 03:01 AM
Rainmaker
1,478,411
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

If the buyers is a lawyer, he/she can represent her/himself. Otherwise, you still do all paperwork without buyer representation forms and all wavers. Commission can be an issue though, since % should go to a buyer agent and you are not.  Buyer certainly can not use buyer commissions if he/she does not have a RE license. I'd be calling immediately to our legal hot line to talk to lawyers. 

Aug 18, 2016 05:51 PM
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

We have a form for them to read about why they need representation. After they read that and if they still say they don't need an agent then I will write up the sale with them signing a disclosure that clearly states they are unrepresented and I am agent for the seller.

I have had this happen a few times and it worked out fine. Buyers were happy with all the knowledge they had about the real estate transaction and how well they represented themselves.

Aug 18, 2016 12:12 PM
Rainmaker
823,688
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

No broker in Fl - there is a form - sounds like the buyer needs some educating

Aug 18, 2016 11:32 AM
Rainmaker
1,675,306
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

In Indiana, the Seller pays the commissions, so it doesn't cost the buyer anything.  They are crazy not to use their FREE agent to do all the work! Duh!

I have never had a Buyer do that, just the Sellers to avoid the commissions.

Aug 18, 2016 07:00 AM
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Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

You handle it the old fashioned way with you representing only the seller. And you need to get all of the agency disclosures signed.

Aug 18, 2016 05:30 AM
Ambassador
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Fred Griffin presently on Leave of Absence
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Florida Statutes provides the disclosure and the form...  No Brokerage Relationship.

Aug 18, 2016 05:01 AM
Rainmaker
4,875,494
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

there's an agency disclosure and it will say I'm a seller's agent.... period.... other provide dual agency.... I never did and those for whom I market do not either....

Aug 18, 2016 04:08 AM
Rainmaker
586,583
Sharon Kowitz
CRS-SRES-ABR-GRI-E-Pro-CREN Fonville Morisey Cary, NC - Cary, NC
Cary, NC Relocation Specialist ~ Buying or Selling

Thank you all for great responses and advice.
Buyer reason for not wanting a buyers agent in this deal is she stated "I've brought and sold many homes over the years all I need is a home inspection and appraisal"...
I wish if there were a form you could share an example to my knowledge NC does not have a non represented buyers form. We do have a non represented seller form for FSBO.
Thanks everyone!!!

Aug 18, 2016 03:22 AM
Rainer
187,605
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL

Have them complete the appropriate documentation from your real estate board. Let them know they can submit the offer to you and you can certainly supply the forms; if requested.

Aug 18, 2016 03:13 AM
Rainmaker
1,367,527
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Sharon Kowitz In my State there is no law that you have to represent the Buyers. You do have to disclose that you cannot give them any advice as to pricing, terms, etc. and that you strictly represent he seller. We can fill out the offer per their terms. Care should be taken as to not give the impression of an Implied Agency.

Aug 18, 2016 02:40 AM
Rainmaker
429,579
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

We have a State mandated agency disclosure form here to specify who is being represented.   In this case both parties sign the form to acknowledge the Seller is being represented and Buyer is not.  If Buyer says they do not want/need representation it is NOT Dual Agency, you are representing the Seller and the Buyer representing himself (no agent) and the offer to purchase can be completed by you with the desired terms of the Buyer without the need for an attorney.

Aug 18, 2016 02:17 AM
Rainmaker
1,523,082
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

No, as is it will affect your E & O if the buyers file a claim .

Aug 18, 2016 01:03 AM
Rainmaker
1,157,264
FN LN
Toronto, ON

We just use the appropriate forms.

Aug 18, 2016 12:36 AM
Rainmaker
985,479
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Title & escrow company.

Aug 18, 2016 12:22 AM
Rainmaker
693,732
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

It's the buyer's decision. And it's a free country. I ask the seller how they want me to proceed with some limited representation to the buyer to see the deal through successfully. I proceed the same way, except I make sure the buyer signs additional disclosures that the buyer is confirmed unrepresented by their own choice.

Aug 17, 2016 11:51 PM
Ambassador
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Harry F. D'Elia
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Let them go to an attorney

Aug 17, 2016 11:34 PM
Rainmaker
2,426,213
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Almost every document would include a statement that buyer is representing self...Where it may benefit my client, I would help and in some instances, charge accordingly

Aug 17, 2016 11:03 PM
Rainmaker
999,821
Corinne Guest
Corinne Guest, REALTOR® | Barrington Realty Company - Barrington, IL
Barrington Lifestyles

Ministerial acts, we have paperwork for that. I can then write the contract under their direction.

Aug 17, 2016 11:01 PM
Rainmaker
730,675
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Buyer is unrepresented. We have a form for that. And we disclose that I reresent seller. I fill out paperwork, and suggest they take it to their attorney for review, but they might still decide to skip attorney and rely on what I tell them. Start with the offer, help them prepare their offer, then I take it to seller. It's the same process, except that they don't have an agent. Another option would be to explain to them what a Desiginated Rep is.

Aug 17, 2016 10:57 PM
Rainmaker
3,173,491
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Kevin May answered it for Florida transactions!

Aug 17, 2016 10:42 PM
Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Follow the rules in your state.

Aug 17, 2016 10:17 PM
Rainmaker
1,507,776
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

Yep, we've got a form for that.

Yes someone other than yourself submits the offer.

Aug 17, 2016 10:13 PM
Rainmaker
2,902,873
Richard Weeks
Dallas, TX
REALTOR®, Broker

We have them sigh a disclosure that they do not wish to be represented.

Aug 17, 2016 10:10 PM
Rainmaker
291,517
Jack Lewitz
IL Real Estate Specialists - Evanston, IL

Dual Agency 

Aug 17, 2016 10:01 PM
Rainmaker
3,049,971
Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Refer them to another agent in our brokerage to represent them. Period.

Aug 17, 2016 09:53 PM
Rainmaker
984,318
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

In Floride we would simply transition to a Transaction Broker relationship and press on.

Aug 17, 2016 09:36 PM
Rainmaker
2,831,866
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

We have a non-representation disclosure form, it is filled out and we move on.

Aug 17, 2016 09:02 PM
Rainmaker
633,936
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Hella M. Rothwell, Broker/Realtor® explained how it works here in Hawaii. 

Aug 17, 2016 06:23 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Already built into our forms.

Aug 17, 2016 05:36 PM
Rainmaker
516,859
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

It becomes a dual agency transaction as long as the buyer and seller agree to this, and normally they would. In California, your fiduciary remains with the seller, though. In Hawaii, although called dual agency, is more transactional where your fiduciary is then to both buyer and seller. It's done all the time in both states where dual agency is legal.

Aug 17, 2016 04:32 PM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Sharon Kowitz - they still sign the agent disclosure saying you represent the seller!

Aug 17, 2016 02:49 PM
Ambassador
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Paul S. Henderson, REALTOR®, CRS
RE/MAX Northwest. - Tacoma, WA
Tacoma Washington Agent/Broker & Market Authority!

 I have them sign a document stating that I have been advised that they should seek legal advice and/or hire an agent if they sign off on that I just prepare the paperwork and have them sign as the sellers agent......

Aug 17, 2016 02:46 PM
Ambassador
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

I would seek counsel on this - it's likely different in each state.  In NC, we have them sign their lives away, stating that they're unrepresented buyers!  Regardless, it STILL makes me uncomfortable...as does dual but, that's a whole other blog post!

Aug 17, 2016 01:53 PM
Rainmaker
4,320,526
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Sharon,

You can advise them, but you cannot make them do anything.  In CA you can have dual agency and it is disclosed from the onset.  In commercial real estate attorneys were on both sides of the equation.  A

Aug 17, 2016 01:35 PM
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Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

First concern is a buyer who wants to put in an offer who says they DON'T need an agent. Ha. That alone is a red flag. If you want, and legally can (and all parties agree) do dual agency that's a possibility but I would be inclined to refer them to an agent to help them.

Aug 17, 2016 01:32 PM
Rainmaker
3,977,717
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Check my answer on your blog on this.

Aug 17, 2016 01:23 PM