Contract negotiating - FSBO (after offer was accepted)

[austin-steve]

Originally Posted by TexasHorseLady

True - there are several ways to handle this. My point was that it is possible for the seller to pay the commission even if you are NOT their agent and thus in an intermediary position (which is what getting them to sign a listing agreement would entail, because once that agreement is signed, you are representing both parties).

Steve, is there a TREC/TAR form for what you describe above (there is for just about everything else we can legally do!)?

It's TAR Form 2401 - Registration Agreement Between Broker and Owner. It's a 3 page form we use when helping a buyer purchase a FSBO.

About intermediary, working with a buyer to purchase a FSBO does not in fact create an intermediary relationship. I still represent the Buyer, and the Seller is unrepresented, or representing himself. Same as if an unrepresented buyer wants to purchase my listing. I do not represent that buyer just because I'm facilitating a transaction with him. He would simply be "unrepresented".

Intermediary relationship is created when my buyer wants to purchase a home listed by a Keller Williams agent in my same office. In that case, technically both the buyer and seller are being represented by the same Broker, though each has his own agent, and there is a form for that also, Notice of Intermediary Relationship, which explains it.

Functionally, intermediary (which I see often because our office is so big) is no different than working with an outside agent. It's a technical/legal issue more than anything.

Steve

[Torontonian]

Originally Posted by austin-steve

TREC forms are meant for public use. TAR forms are for use by Realtors only. They are almost identical though.Steve

There're couple FSBO sites which help to put one's house on mls for the reasonable fee. I've seen step-by-step detailed instructions on how to fill in TREC forms on one of these sites.
So I guess, it is ok to use these forms by public