Buyer Tenant Representation Agreement and an Intermediary – A Michael Clapp DOUBLE Dagnabbit

I have repeatedly made the statement that a written BUYER/TENANT REPRESENTATION AGREEMENT is required when you’re in an INTERMEDIARY.  Here is the definition of INTERMEDIARY:

  1. You have the buyer and the seller. 
  2. You have the buyer and the other agent at KW Woodlands, KW Northeast or KW Professionals has the seller.
  3. You have the seller and the other agent at KW Woodlands, KW Northeast, or KW Professionals has the buyer.

No, the Notice of Intermediary alone is NOT sufficient.  The first sentence
in that form says “as previously agreed in writing”.  The only previous place
clients agree in writing is in the listing agreement or a BUYERS REPRESENTATION AGREEMENT.

We just launched this summer a simple 2 page agreement for you to use and
it is on the office intranet, in ZipForms and in MyTransactions.  There are
NO excuses.

Now, if you turn in a deal and it is intermediary and you don’t have a written
Buyers Rep Agreement  - Compliance and the MCA have my permission to hold your commission until one is presented.  Don’t be mad and them – be mad at the Texas Real Estate Commission and your Legislature.  Neither they (Compliance or the MCA) nor I write the LAW.

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