FACTS:  Broker A was the property manager for a property on Elm Street (the “Property”).  Broker A signed the lease on behalf of the owner.  Broker A used Addendums 1 and 2 (the “Addendums”) in every lease he signed as a property manager.  Broker A drafted the Addendums, and therefore, did not give a copy of the Addendums to the owner because he believed they were “proprietary.”

The owner hired Broker B to list and sell the Property. Broker B could not provide a copy of the Addendums to the buyer because Broker A refuses to provide those Addendums unless the buyer purchases them.

ISSUE: Can Broker A refuse to give a copy of the Addendums to the landlord or buyer?

ANSWER: No.

DISCUSSION:

A.A.C. R4-28-802: Upon execution of any transaction document a salesperson or broker shall, as soon as practical, deliver a legible copy of the signed document and final agreement to each party signing the document.

Therefore, Broker A, as the property manager, must provide to the owner a copy of each fully executed lease including all addenda.  Thereafter, the owner can then provide a copy of the full lease to the buyer.