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#163169 - 08/14/07 08:45 PM Unrepresented Person form vs Buyer Broker agreement
TAB Offline
Member

Registered: 12/21/06
Posts: 63
Loc: New England
**I originally posted this under the Agents thread, but it may be more appropriate here.


I know each state is different, but could someone please explain why you only need an Unrepresented Person form if you are only showing/selling an in house listing. For example someone calls about a house in our Sunday ad (listed with another agent in our office), I take the call, show the house and write up the offer.

The Unrepresented Person form clearly states that we are not representing them but the seller and that they are free to obtain their own representation. My broker insists this is the way to do it unless I show a listing that is not ours. I understand dual and designated agency and wonder if he is trying to avoid that.

Any thoughts??

and yes my state has designated agency

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#164114 - 08/18/07 08:08 AM Re: Unrepresented Person form vs Buyer Broker agreement [Re: TAB]
Devil's Advocate Offline
Veteran Member

Registered: 01/03/05
Posts: 538
Loc: Ontario, Canada
Locally: Our regulations require that we establish in writing the specific type of relationship that exists, and to avoid the possibility of lawsuit for a “breach of fiduciary duty” by an unhappy buyer. Your “Unrepresented Person Form” is your evidence, should it be required.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .

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#253692 - 10/07/08 12:27 AM Re: Unrepresented Person form vs Buyer Broker agreement [Re: Devil's Advocate]
scottgallagher Offline
Junior Member

Registered: 10/06/08
Posts: 4
Loc: merrillville,in
OK, THIS IS WHY I SPENT A WHOLE HALF HOUR TRING TO GET A LOGIN NAME AND THEN READ THE DAMN IMAGE THING. I JUST HOPE I WAITED 900 SECONDS!ANYWAYS, I IM IN A DUAL AGENCY STATE. ACTUALL ITS A DESIGNATED AGENCY STATE, BUT WHO DOESNT HAVE PEOPLE SIGN THE DUAL ANGENCY NOTICE ANYWAYS? First of all, im in indiana(iar), and the zipformonline dot com database that you can download on the computer has no "represented person form".now im not tring to say something here. im a broker and i saved all the study sheets all nice and neat in my folder for when i quiz my realtors for when i make my own firm. they do, to their defense have a couple of buyer agency forms in thier database. i suppose the only legal way out of that would be not to get into such relationships without buyers agency.its strange how the state exam didnt have any of its 50 questions relating to it.

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#253739 - 10/07/08 06:38 AM Re: Unrepresented Person form vs Buyer Broker agreement [Re: scottgallagher]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7716
Loc: Vermont's North-East Kingdom
Wouldn't that be your Standard "Agency Disclosure" that we give to every New Customer at the first opportunity, having them acknowledge that they understand that we don't represent "them".
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#253827 - 10/07/08 04:36 PM Re: Unrepresented Person form vs Buyer Broker agreement [Re: Vermont]
Devil's Advocate Offline
Veteran Member

Registered: 01/03/05
Posts: 538
Loc: Ontario, Canada
Local Background: Back in the 80's our local real estate association developed their very own interpretation of agency law, and lobbied all the politicians they could find to adopt their interpretation as the law in relation to licenced real estate practitioners.

But,they hit a stone wall with the courts, that basically said that

Quote:
“we have no regard for your (self-serving) interpretation and will adjudicate each and every case according to the common law of agency”which has been in existence for over 300 years.


It then became evident, that changes were necessary and therefore our current Real Estate and Business Brokers Act 2002 now reflects the common law of agency.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information

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#253993 - 10/08/08 01:26 PM Re: Unrepresented Person form vs Buyer Broker agreement [Re: Vermont]
scottgallagher Offline
Junior Member

Registered: 10/06/08
Posts: 4
Loc: merrillville,in
well, i dont know about our dear friend,"devil" here. every time he says something and you look at where he's from you think"yeah,but look at where your from!".its true, three years ago i came to that conclusion when no one else in gniar did. but back then i didnt even know anything about unrepresented form and the buyer ce trainer didnt mention anything in orientation, and now they dont hold the orientation class anymore or so i hear. so this iar library is pretty complete. they even have short sale forms now.
now, this is my take on your brokers.it seems to me that your boss is disavowing him/her self from dual agency in an obviously designated agency state.why would one do this unless he/she was in a rountine usage of exclusive agency buyer agency contracts?to me, that is the appropriate way to go. isnt it strange how envious principal brokers can be sometimes of there independents?

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#388349 - 09/01/11 09:02 PM Re: Unrepresented Person form vs Buyer Broker agreement [Re: Jorge lopez]
VABroker Offline
Veteran Member

Registered: 11/02/10
Posts: 1042
Loc: Virginia
In VA, we have a Brokerage Disclosure Form that is to be used ONLY when our opposing party (buyer or seller) is NOT represented (i.e., FSBO); but, in nearly every regular, transaction I have experienced, agents STILL fill this out and expect the buyer AND seller to sign it (even though both parties are represented). I will even admit that I used to do that several years ago because no one in our local, state, and national association dares tell real estate agents exactly WHAT they're supposed to do.

So, every time I saw something published by the department of licensing, I would KEEP that article because it clearly states it is to be used only when the buyer or seller is not represented. Showing a home isn't exactly a "relationship" at that point, but, if you're going to do a number of things that would make a buyer THINK you must be representing them, then that form needs to be signed BEFORE that happens.

Perhaps your broker doesn't want the liability of dual/designated representation. But, in VA, even if there is NO signed form, certain actions of the agent can constitute representation; thus, liability can be there.

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