Rachel Greene, Student here! Looking to learn as much as I can (Agent Professor Real Estate School)

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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Either treat her as a customer  or refer her to another agent.  Consult with your broker as to procedures and advice.

Dec 10, 2018 12:18 PM
Rainmaker
536,911
Peter Mohylsky, SoWal Is HOME.
Gulf Place @ 30A - Santa Rosa Beach, FL
Let me help you find your path to the beach.

You need serious advice from your broker, not this forum,  is this legal in your state 

Dec 10, 2018 02:53 PM
Rainmaker
665,637
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Ah. This is a theoretical. At least it's not the same question we get asked all the time from your school so there's that.

An unrepresented, qualified buyer approaches listing agent, a licensed broker can, depending on state law, either treat them as an unrepresented customer, represent them in a dual agency situation, or our friends in Florida will tell you about transaction brokerage.

Or they can hire a licensee or an attorney to represent them.

As my beloved Harvey Specter would say, "There are 146 things you can do when a gun is pointed at your head."

That may seem tangential; however, when you may get yourself in trouble over implied agency, undisclosed dual agency or other agency-related violations . . . there truly could be a gun pointed at your head.

Dec 10, 2018 02:34 PM
Rainmaker
1,524,728
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

You treat her as a "Customer" not a client. You need to make sure that she understands you do NOT represent her and that you DO represent the Seller.

Dec 10, 2018 12:06 PM
Rainmaker
3,095,241
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

The issue here is office policy . Speak with your sponsoring broker. They should be able to point out the law in your state.

 

Dec 10, 2018 12:23 PM
Rainmaker
3,180,199
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

You sound as if you need to be in contact with your broker or manager.

Dec 10, 2018 12:21 PM
Rainmaker
4,786,336
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

you are the listing agent and you can continue to represent the seller....and the buyer has no representation....  some states allow dual agency and then no one has representation.... my team does not participate in dual agency.... if it's our listing, we always represent the seller....

Dec 10, 2018 12:07 PM
Rainmaker
632,154
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

 If you were an agent, I would say that your broker should answer your question for you.

Since you are a student, I will simply say that you can help probably help the buyer even if you are the listing agent for the property. It depends on local law, the policy of your broker and your personal business practices. Others will respond that your best approach is not to represent the buyer if you are the listing agent.

It is complicated.

Good luck on your studies.

Dec 10, 2018 12:01 PM
Rainmaker
730,476
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

That is a good question that could lead many down the rabbit hole.

A new agent should contact their broker to ensure the action they take abides by the laws of the state and the policies of the office.

Now, you do not mention whether you are the listing agent. This benefit does complicate the situation and may adversely affect the trust relationship with the home owner. This is a conversation the agent should have with the homeowner at the time the listing agreement is signed. In some states representing the buyer and seller is fore bidden.

Getting the purchase contract to the buyer has a easily available technology solution the worst of which includes a fax.

However,  many states require a EBA and a discussion regarding your fiduciary duties to the buyer.

Chat with your broker.

Make sure you touch base with the lender.

Dec 10, 2018 11:46 AM
Rainmaker
949,258
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Talk to your broker.

Dec 10, 2018 02:47 PM
Rainmaker
681,591
Richard Bazinet /MBA, CRS, ABR
WestUSA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

 I understand you are a student from your profile. So, this is not your buyer, you cannot do the "paperwork" as you described since you are not licensed. My advice to you, is to advise this 'buyer' person to solicit the services of a competent realtor, and stay out of it.

Dec 10, 2018 02:00 PM
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

You have a broker, don't you?

Dec 10, 2018 01:53 PM
Rainmaker
989,127
Corinne Guest
Corinne Guest, Realtor | Barrington Realty Company - Barrington, IL
Barrington Lifestyles

 Find her an agent, let her go solo. That's her choices.

Dec 10, 2018 01:22 PM
Rainmaker
2,893,971
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

I don't fully understand your question.

1. Is this person wanting to make an offer on a listing of yours? If so, have them sign a document that says you are not representing her in the transaction.

2. If this person wants to make an offer on a property that is not your listing, why not sign her up under a buyer agency agreement?

Dec 10, 2018 01:04 PM
Rainmaker
2,402,426
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Have anoher agent take up her cause or you do it with disclaimers if allowed

Dec 10, 2018 12:17 PM
Rainmaker
714,986
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

If your state doesn't allow dual agency, refer the buyer to someone in your office for a fee.

Dec 10, 2018 12:12 PM
Rainmaker
5,168,588
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Follow the rules in your state and the practices of your office. Talk with your broker.

Dec 10, 2018 11:34 AM
Ambassador
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

Do not pass 'go!'

Do not collect $200.

SPEAK WITH YOUR BROKER!

Dec 10, 2018 03:38 PM
Rainer
146,254
Don Baker
Lane Realty - Eatonton, GA

check office policy and discuss with your broker

Dec 10, 2018 03:01 PM
Ambassador
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Fred Griffin presently on Leave of Absence
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

      In Florida, she is a customer.  If you have a Single Agency Relationship with your Seller (a Fiduciary), you will need to provide this buyer with a Statutory "No Brokerage Relationship" disclosure.

      If you are merely acting as a Transaction Broker, you don't need to provide any disclosure of any kind.

Dec 10, 2018 05:15 PM
Rainmaker
338,024
Abby Stiller
REMAX Realty Group - Cape Coral, FL
Professional Bilingual Realtor (239) 284-8637

Great answer Richard Bazinet /MBA, CRS, ABR 

Dec 10, 2018 04:35 PM
Rainmaker
334,868
Susie Kay
Ultima Real Estate - Plano, TX
North Dallas Specialist

Is it your listing?  If so, she can be your customer.  I would talk to your broker first, though.  If it's not your listing then you can be the buyer's agent.

Dec 10, 2018 04:18 PM
Rainmaker
1,111,181
Sheri Sperry - MCNE®
Coldwell Banker Residential Brokerage - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

Different states do it different ways - Get with your broker.

Dec 10, 2018 03:57 PM
Rainmaker
1,485,795
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

Who do you represent?

Dec 10, 2018 03:55 PM
Rainmaker
786,279
Diana Zaccaro
Tropical Beachside brokered by eXp - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

According to your profile, you are a student so should not even be dealing with this situation. If you are licensed, update your profile to be current and ask your broker for guidance and to explain the laws of your state regarding representation.

 

Dec 10, 2018 05:57 PM
Rainmaker
1,197,268
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I looked up your profile.  You are an unlicensed student who works as an apartment manager.

 

Assuming she is looking at a random house to buy, there is nothing you legally can do.  Your best bet is to find an agent you like a lot (and maybe want to work for once you get licensed) and give him/her the referral with the condition that you get to shadow them for the transaction to learn what real estate is all about.  You won't legally be allowed (in many states) to get more than a pittance of a "finder's fee" since you aren't licensed, but the training (especially if the deal is a tough one) could be worth FAR MORE than the fee you could get.

Dec 10, 2018 05:15 PM
Rainmaker
1,367,732
Kat Palmiotti
Grand Lux Realty, Monroe NY, 914-419-0270, kat@thehousekat.com - Monroe, NY
The House Kat

If it were me, and I was the listing agent, I'd explain that I represent the seller. I'd tell the buyer what that means, and let them know what options they have.

Dec 10, 2018 05:07 PM
Rainmaker
3,973,867
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Sounds like your Broker should step in and give you sound advice.

Dec 13, 2018 08:52 AM
Rainmaker
3,971,226
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

have her sign a disclosure that she is not  represented by yourself.

Dec 11, 2018 06:07 PM
Rainmaker
3,000,702
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Treat them as a customer only.

Dec 11, 2018 01:22 PM
Rainmaker
2,745,018
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

If you don't know what to do ... consult with your broker. 

Dec 11, 2018 08:11 AM
Rainmaker
4,795,881
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

How can it be your buyer, are you an agent?  If you're not, it's not your buyer.  Refer them to a Realtor or an attorney.

Dec 11, 2018 07:43 AM
Ambassador
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Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

It depends on the state you are located in. In Florida, you would be considered a transaction broker by law and you would be able to work with both buyer and seller on the transaction. 

Dec 11, 2018 06:34 AM
Rainmaker
2,907,268
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

Here in NH they would be considered a customer and not a client. I would have them sign the agency disclosure and write the offer they wanted. The key is you offer no advice, just facilitate the offer. 

Dec 11, 2018 05:30 AM
Rainmaker
2,816,567
Richard Weeks
Dallas, TX
REALTOR®, Broker

You should talk to your broker.

Dec 11, 2018 05:26 AM
Rainmaker
4,431,023
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Depends on state laws. I would suggest she get an attorney.

Dec 11, 2018 04:25 AM
Ambassador
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

talk to your broker

Dec 10, 2018 10:01 PM