May a Buyer’s Real Estate Broker Contact a Seller Directly?
I am representing a buyer purchasing a condominium. The seller is represented by another real estate broker. For a number of reasons, I would like to contact the seller directly. May I do this?
No, under the RLS Universal Co-Brokerage Agreement, Article II, Sections 7 and 8, a buyer’s real estate broker may not directly contact the seller if that seller is known to be represented by another real estate broker, absent prior consent of the seller’s broker. Furthermore, a buyer’s broker may not negotiate directly with the seller without the full knowledge and consent of the seller’s broker.
Important Tip: If a seller, who is represented by a real estate broker, contacts a buyer’s real estate broker directly, the buyer’s broker should decline to engage in the conversation absent approval of the seller’s broker.
Neil B. Garfinkel,
REBNY Broker Counsel
Partner-in-charge of real estate
and banking practices at
Abrams Garfinkel Margolis Bergson, LLP