FACTS:                    

The buyer is represented by a single licensee brokerage firm.  The buyer and seller successfully negotiated the BINSR with the assistance of their respective agents.  The buyer’s financing is in place and the buyer is ready to close escrow.  The listing agent has attempted to contact the buyer’s agent on multiple occasions by telephone, text, and email for the last five days to confirm the buyer intends to close escrow as agreed so the listing agent can advise the seller as to moving arrangements and the receipt of the sale proceeds.  The buyer’s agent has not responded, and the listing agent believes the buyer’s agent is in the hospital with no ability to practice real estate.

ISSUE:                      

May the listing agent contact the buyer directly regarding buyer’s intent to close escrow?

ANSWER:                

Yes.

DISCUSSION:

Generally, a listing agent is prohibited from communicating directly with a buyer that is represented by a different licensee.  However, a party may be contacted by a licensee directly if a licensee from the brokerage representing that party is not available for 24 hours or more.  See A.A.C. R4-28-1102.  Since the buyer’s agent has been non-responsive for five days and there is no other licensee in the brokerage, the listing agent may contact the buyer directly to confirm the buyer intends to close escrow.