Listing Agent Requests Your Buyer Rep Agreement—Must You Provide It?

Q: A listing agent is requesting a copy of my Buyer Representation Agreement. Am I required to provide it?

A: Buyers’ agents owe a duty of confidentiality to their buyers. A contract between the buyer and buyer’s agent is a confidential agreement between those parties, similar to a listing agreement, which is a confidential agreement between the seller and listing agent. You should always check with your buyer before sharing a confidential agreement and remind them that while the seller’s agent could ask for a copy, they are not required to provide it.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.