

1,534,513
If a Buyer's agent requested a copy of a listing agreement, would you provide it?
The Buyer Broker Agreement is a contract between the buyer and agent and need not be shared with the listing agent, IMO. In fact, I think it is none of their business.
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Bob Crane
Stevens Point, WI
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Brenda Mayette
Glenville, NY
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Lyn Sims
Schaumburg, IL
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Jerry Newman
San Antonio, TX
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Candice A. Donofrio
Fort Mohave, AZ
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Eileen Burns 954.483.3912
Fort Lauderdale, FL
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Katina Hargrove 352-55...
Eustis, FL
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Buzz Mackintosh
Frederick, MD
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Jeff Dowler, CRS
Carlsbad, CA
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Margaret Rome Baltimor...
Pikesville, MD
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Kathleen Daniels, Prob...
San Jose, CA
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Thomas J. Nelson, REAL...
La Jolla, CA
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Nina Hollander, Broker
Charlotte, NC
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Mimi Foster
Colorado Springs, CO
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Kathy Streib
Cypress, TX
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Kat Palmiotti
Kalispell, MT
3,263,341
Must...resist...urge...to... go....full....snark....
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Matthew Sturkie, CRS, ...
Apple Valley, CA
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Brenda Mayette
Glenville, NY
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Lyn Sims
Schaumburg, IL
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Tammy Lankford,
Eatonton, GA
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Inna Ivchenko
Encino, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Mimi Foster
Colorado Springs, CO
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Eileen Burns 954.483.3912
Fort Lauderdale, FL
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Katina Hargrove 352-55...
Eustis, FL
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Anna "Banana" Kruchten
Phoenix, AZ
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Kathleen Daniels, Prob...
San Jose, CA
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John Juarez
Fremont, CA
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Thomas J. Nelson, REAL...
La Jolla, CA
444,948
It's my understanding in Georgia that the "MLS" is the only authority that can request a copy of listing/BBAs to "ensure" they are in place, not other firms. Perhaps a document can be put in place that says "I have signed a BBA" with agent _________________" but I'm not giving a copy of my agreement to any listing agent.
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Bob Crane
Stevens Point, WI
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Frank Rubi
Metairie, LA
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Katina Hargrove 352-55...
Eustis, FL
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Margaret Rome Baltimor...
Pikesville, MD
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Kathleen Daniels, Prob...
San Jose, CA
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John Juarez
Fremont, CA
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Thomas J. Nelson, REAL...
La Jolla, CA
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Nina Hollander, Broker
Charlotte, NC
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Mimi Foster
Colorado Springs, CO
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Kathy Streib
Cypress, TX
1,562,160
In California the listing agent and seller is not a part of that contract and have no legal reason to ask for a copy of it. Furthermore, you would actually be violating the privacy of your client if you sent it to them without the client's approval (that's not California specific, that's a privacy in general statement).
In California, the only time the seller/listing Broker are allowed to see it/ask for it, is when on the purchase contract the buyer asks the seller to pay their obligation to their agent. Then the seller has a right to see it. Until such a time, I would tell the listing agent to pound sand.
This is no different than re/max, coldwell banker, etc. wanting a copy of my agency disclosure or my privacy act notice (both of which are strictly between my client and I). I tell them to pound sand and explain privacy and contracts to their lawyers. "Dear Mr./Mrs. Big Company Lawyer, if I sent you the privacy agreement between my client and I, I would be violating my client's privacy, so no. Not going to happen."
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Bob Crane
Stevens Point, WI
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Frank Rubi
Metairie, LA
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Brenda Mayette
Glenville, NY
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Lyn Sims
Schaumburg, IL
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Candice A. Donofrio
Fort Mohave, AZ
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Katina Hargrove 352-55...
Eustis, FL
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Kathleen Daniels, Prob...
San Jose, CA
3,479,050
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Brenda Mayette
Glenville, NY
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Inna Ivchenko
Encino, CA
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Mimi Foster
Colorado Springs, CO
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Katina Hargrove 352-55...
Eustis, FL
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Kathleen Daniels, Prob...
San Jose, CA
1,677,952
No I don't have an issue with this and I do understand why you do Mimi Foster , but here's why I don't-pending the circumstances:
It's a familiar request: This became a thing during The Crash years of 2007-2012 because the market became the wild wild west with "unsecured buyers" aka disloyal buyers using more than one agent.
Just redact the private stuff. They just want to know you have this buyer's loyalty. They do not need to see the details and that is how I was able to turn one in upon request without losing privacy.
If they questioned it, I said "I just proved I had one, I am not required to divulge private info". It always ended there.
That agent is just filtering out serious buyer/broker relationships from casual ones. This is crucial in a multiple-offer situation, as it adds an extra layer of certainty to the decision-making process. If it comes down to a tie and you don't have one, but I do, I win! I suppose if there was a legal argument against it, we'd have to cease and desist. But, I think it's more likely to become a common practice post-settlement.
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Ailina Nelson
La Jolla, CA
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Matthew Sturkie, CRS, ...
Apple Valley, CA
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Brenda Mayette
Glenville, NY
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Mimi Foster
Colorado Springs, CO
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Eileen Burns 954.483.3912
Fort Lauderdale, FL
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Katina Hargrove 352-55...
Eustis, FL
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Kathleen Daniels, Prob...
San Jose, CA
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Thomas J. Nelson, REAL...
La Jolla, CA
5,261,625
I definitely don't think it's appropriate to share it.
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Bob Crane
Stevens Point, WI
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Brenda Mayette
Glenville, NY
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Mimi Foster
Colorado Springs, CO
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Katina Hargrove 352-55...
Eustis, FL
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Margaret Rome Baltimor...
Pikesville, MD
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John Juarez
Fremont, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Nina Hollander, Broker
Charlotte, NC
562,276
Mimi Foster
Maybe it is a requirement by the agent's office. if so, have the agent, email you the requirement in writing.
Maybe the agent doesn't know what the heck she is doing or understands the new rule to come.
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Bob Crane
Stevens Point, WI
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Katina Hargrove 352-55...
Eustis, FL
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Wanda Kubat-Nerdin - W...
St. George, UT
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Mimi Foster
Colorado Springs, CO
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John Juarez
Fremont, CA
5,533,091
I'm not sure they have a right to a contractual agreement between yourself and a client. It's supposed to be confidential. We do have a form in NC that confirms a buyer agency, however, without needing to disclose the actual representation agreement.
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Bob Crane
Stevens Point, WI
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Mimi Foster
Colorado Springs, CO
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Eileen Burns 954.483.3912
Fort Lauderdale, FL
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Katina Hargrove 352-55...
Eustis, FL
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John Juarez
Fremont, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Thomas J. Nelson, REAL...
La Jolla, CA
511,744
More proof that no one has any idea how the new rules will work moving forward (even though plenty of people think that they do), until everyone figures out a way to operate their business and stay in compliance.
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Linda Metallo DiBenardo
Lockport, IL
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Bob Crane
Stevens Point, WI
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Candice A. Donofrio
Fort Mohave, AZ
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Katina Hargrove 352-55...
Eustis, FL
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Mimi Foster
Colorado Springs, CO
2,916,891
I don't like it and it BEGS questioning.
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Bob Crane
Stevens Point, WI
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Katina Hargrove 352-55...
Eustis, FL
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Richard Alan Naggar
Riverside, CA
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Margaret Rome Baltimor...
Pikesville, MD
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Thomas J. Nelson, REAL...
La Jolla, CA
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John Juarez
Fremont, CA
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Mimi Foster
Colorado Springs, CO
1,134,003
"All offers must include copy of BAA . . . "
I'd show up with a BAA . . . blank. "You didn't say filled and signed" LOL LOL LOL
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Bob Crane
Stevens Point, WI
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Frank Rubi
Metairie, LA
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Katina Hargrove 352-55...
Eustis, FL
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Lyn Sims
Schaumburg, IL
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Jeff Pearl
Lovettsville, VA
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Mimi Foster
Colorado Springs, CO
5,697,019
I do not have the right to ask for a copy of the unredacted listing agreement, so they have no right to review my BBA. Sounds like a broker desperate to develop their own form by stealing from others.
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Bob Crane
Stevens Point, WI
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Matthew Sturkie, CRS, ...
Apple Valley, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Mimi Foster
Colorado Springs, CO
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John Juarez
Fremont, CA
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Katina Hargrove 352-55...
Eustis, FL
3,360,636
New home builders will request the BBA. I have yet to hand one over to an agent just because it was requested. Broker can verify!
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Bob Crane
Stevens Point, WI
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Mimi Foster
Colorado Springs, CO
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John Juarez
Fremont, CA
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Katina Hargrove 352-55...
Eustis, FL
2,148,850
It's unclear, at least so far, who is going to be responsible for monitoring whether or not we have a buyer's agreement in place by the deadline (whenever that turns out to be... currently August 17th).
So far, it seems that it needs to be the buyer agency's office... but I would imagine that the listing agency's office will, at some point want to see it, too... since there is a rule that says that the buyer's agency can only be paid as much as is agreed in their B.A. So if they've agreed to accept 2.5%, and the sellers are offering 3%, the buyer's agency cannot collect the 3%. So there might be some requirement for the listing agency to view that... .but as you point out, not yet.
(that overage, btw... can be given directly the buyer, but cannot be paid to the agent/agency).
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Bob Crane
Stevens Point, WI
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Lyn Sims
Schaumburg, IL
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Mimi Foster
Colorado Springs, CO
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Katina Hargrove 352-55...
Eustis, FL
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Kathleen Daniels, Prob...
San Jose, CA
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Thomas J. Nelson, REAL...
La Jolla, CA
5,402,340
Wow Mimi, I wonder is this going to be the norm soon, you are the first to say that, can I ask is there a coop offer on it?
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Bob Crane
Stevens Point, WI
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Katina Hargrove 352-55...
Eustis, FL
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Kathleen Daniels, Prob...
San Jose, CA
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Thomas J. Nelson, REAL...
La Jolla, CA
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John Juarez
Fremont, CA
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Mimi Foster
Colorado Springs, CO
1,361,407
Asking is one thing, getting is a nother
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Bob Crane
Stevens Point, WI
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Tammy Lankford,
Eatonton, GA
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Mimi Foster
Colorado Springs, CO
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
946,549
Jerk agent. I'd fill out a second BBA that doesn't show what buyer agreed to pay their agent. Just TBD.
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Bob Crane
Stevens Point, WI
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Mimi Foster
Colorado Springs, CO
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Katina Hargrove 352-55...
Eustis, FL
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Kathleen Daniels, Prob...
San Jose, CA
3,238,707
Not happening. Mine has a confidentiality clause, that means I'm not sharing it.
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Bob Crane
Stevens Point, WI
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Mimi Foster
Colorado Springs, CO
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Katina Hargrove 352-55...
Eustis, FL
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Kathleen Daniels, Prob...
San Jose, CA
6,908,718
We often require that they have one, however I cannot imagine anyone willing to actually show a private doc like this.
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Bob Crane
Stevens Point, WI
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Mimi Foster
Colorado Springs, CO
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John Juarez
Fremont, CA
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Katina Hargrove 352-55...
Eustis, FL
2,273,284
Seems odd
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Bob Crane
Stevens Point, WI
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Mimi Foster
Colorado Springs, CO
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Katina Hargrove 352-55...
Eustis, FL
1,672,332
I did not notice any of such request in my area, but very soon... B.A. will become mandatory for all.
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Bob Crane
Stevens Point, WI
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Kathleen Daniels, Prob...
San Jose, CA
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Mimi Foster
Colorado Springs, CO
1,044,424
Maryland has required a BBA since 2016. Not necessarily before the first showing since we also have seller subagency. Over the years, I've received a few offers with the BBA included. I advised the buyer's agent to take it out since their agreement is none of our business. The same thing has been stressed in CED classes. Our contracts indicate who represents who so there's really no necessity to make any other disclosure. Before that contract form change, we submitted a copy of Understanding Whom Real Estate Agents Represent which disclosed the respective agency relationships. It will be interesting to see if any agents request it here. I imagine title companies may need a copy in the future but I will not email a copy of a confidential agreement to any listing agents.
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Bob Crane
Stevens Point, WI
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Jerry Newman
San Antonio, TX
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Candice A. Donofrio
Fort Mohave, AZ
943,015
It depends if you are a Buyer Agency state. We are in Connecticut and technically, if a so-called buyer agent doesn't produce a Buyer Agency agreement at closing, the listing agent doesn't have to pay the buyer agent, as per the local laws. This is not my interpretation, it's coming from a RE attorney. However, in practice it is rarely followed. There is nothing confidential in these BA agreements that would not be revealed in an offer or contract to purchase.
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Bob Crane
Stevens Point, WI
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Mimi Foster
Colorado Springs, CO
3,096,288
In Utah, it has been the law for years to have a BA in place prior to showing a home.
1,067,772
Interesting how laws are so different in many states, Olga Simoncelli. Since there is (currently) no requirement for one, I can't see how she can make it a requirement of an offer. Thanks for stopping by!