FACTS:  An unrepresented buyer submitted an offer to purchase the residence, which was ultimately accepted.  The buyer is now seeking assistance and advice from the listing agent, and he has made several claims that the listing agent is obligated to “help” him.

ISSUE: Is the listing agent obligated to provide assistance to the unrepresented buyer?

ANSWER: No.

DISCUSSION:         

Here, the listing agent represents the seller only.  By contrast, the buyer chose to forego representation.  As a result, the listing agent should not provide any advice or assistance to the unrepresented buyer.  To do so could create an implied dual agency.  The listing agent should explain her position to the buyer and also have the buyer sign the Arizona REALTORS® Unrepresented Buyer Disclosure form to clarify and document the listing agent’s role in the transaction.