Dear Forms Committee: Can an OREF subscriber share blank forms with an unlicensed/unrepresented buyer on behalf of the seller?

OREF forms can only be used by the person who purchased the subscription. Blank forms cannot be shared with anyone. However, OREF 100 – Unrepresented Party Acknowledgement should be used by agents when one of the parties is not being represented by an agent. In the form, it states, “Although real estate agent will communicate with the unrepresented parties, will create documents that the unrepresented parties may sign, and will conduct other activities to accomplish the purchase and sale of the property, all such activities will be performed on behalf of real estate agent’s own clients, not on behalf of the unrepresented party.”

So you, as your client’s representative, could generate the documents for the unrepresented party to sign.  An agent who generates documents for someone to sign does not create an agency relationship by doing so.  However, creation of an agency relationship is a complex issue, and agents who want to avoid an unintentional agency relationship should talk with their principal brokers.

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.