OK, now that we are getting more and more buyers, we need some help w/ buyers who refuse to sign the agency disclosure when we show them our and other listings. What do we do about them? Is it illegal to show them w/o it signed? How can we coax them into signing it?

THX!

I'm not certain about the procedure in New York; but in Vermont, we're only required to GIVE them the Disclosure and then

We ASK that they SIGN a Copy acknowledging their receipt.

If they REFUSE to sign; then I SCRAWL the words "REFUSED TO SIGN" across my copy, and then ask them to INITIAL that.

After this Circus Act, they will usually at least initial (perhaps out of embarrassment), indicating that they received a Copy. I also have a drawer filled with about 8000 Signed Agency Disclosures that I sometimes open up and let them know they aren't the first people to try to argue with me. It's tiresome; but it's the Law.

It's usually people from Connecticut who Refuse . . . . Must be the Nutmeg. Then I abbreviate my efforts on their behalf. If I have to coax anybody to do something; it's coax their rear-ends out of my Office. Works for me !

I prepared this Procedure following a discussion with the Attorney for the Vermont Association of REALTORS®. You might want to check with your's regarding these Refuse-Nicks.

In Texas, we are only required to give them Information on Brokerage Services as well. Of course, we always ask that client sign and return, but this is not always the case. Just make sure you document when disclosure was given to client. If they are not wanting to sign, it wouldn't hurt to have them intial next to refuse to sign as well. You can always forward document to escrow officer and have them include as part of closing docs to sign.

[quote=RRTeam]OK, now that we are getting more and more buyers, we need some help w/ buyers who refuse to sign the agency disclosure when we show them our and other listings. What do we do about them? Is it illegal to show them w/o it signed? How can we coax them into signing it?

THX! [/quote]

In NY, you are required to present a disclosure at the first substantive instance of contact and request they sign. They CAN refuse to sign, in which case you write the customers/clients information and "refused to sign" on it, then you’re supposed to take that disclosure and have it notarized in case anything gets to the point of the courts or anything like that you can verify that you did what you're supposed to... A twenty-year veteran of the business specifically told me the notary part during my New Broker Orientation class when I first opened my own company, I wasn’t aware of it before then and I’m not exactly sure if it’s part of the “law” or just something she does as part watching her back but if you have a notary close by (I have an attorney across the street that notarizes stuff for me for free) it’s not a bad practice...

I usually don't have a problem getting people to sign a disclosure when I have an appointment with someone, I just whip it out fill it out in front of them and then go over the different types of "agency" they can have, usually once I explain everything and inform them that it's New York State law that I ask them to sign this, they usually are willing... Especially since it's carbon copied so I can give them a copy to take with them, they don't usually give me grief... I think if I don't make a big deal about it, they're less likely to... The one time my agents and I have had issues with getting them signed is at open houses, since people just expect to walk in and look around and leave they sometimes get caught off guard when you introduce yourself and them BAM! Are asking them to sign something...


Hope this helps...

Dan Ortiz ABR CRS CREOS (Hablo Español)
Licensed Broker/Owner
Manor Gate Real Estate of NY Inc

"If you think hiring a professional is expensive, wait till you hire an amateur" Red Adair