Listing Agent is Not Required to have a Buyer Broker Agreement with an Unrepresented Buyer as a Condition to Viewing the House
FACTS: The listing agent received a call from a prospective buyer requesting access to view the listed property. The listing agent agreed to meet the prospective buyer at the property at an agreed-upon time.
ISSUE: Does the listing agent need to get a buyer broker agreement signed before allowing the unrepresented buyer access to the property?
ANSWER: No.
DISCUSSION:
Consistent with the NAR antitrust settlement, a REALTOR® representing a buyer must have a written agreement with that buyer before showing a property. Here, the listing agent represents the seller only and has not agreed to be the agent of the prospective buyer. Therefore, the listing agent need not obtain a written agreement with the prospective buyer prior to allowing the prospective buyer to view the property.