ISSUE:

A real estate agent in the brokerage firm is selling her own home as a FSBO. The brokerage firm is concerned about liability for the acts of the real estate agent. Does the brokerage firm have any liability for the acts of the real estate agent selling her own home as a FSBO?

ANSWER:

If the real estate agent is acting as a FSBO without any involvement with the brokerage firm, e.g., making telephone calls, meeting prospective buyers at the brokerage firm, distributing her business card, or using brokerage firm stationery, the brokerage firm should have no liability to either the buyer or the Arizona Department of Real Estate for the acts of the real estate agent in the FSBO sale of her own home.

Arizona REALTOR® Digest February 2004