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The Phoenix-Scottsdale-Mesa real estate market offers countless opportunities for buyers and sellers, but navigating a transaction without a REALTOR® presents unique challenges. While some buyers opt to go solo in an effort to save money, and some sellers entertain direct buyer negotiations, it’s crucial to understand the legal and procedural nuances involved.

❗ Disclaimer: I am not an attorney. This information is based on an article by an Arizona real estate attorney published by the Arizona Association of REALTORS®. If you have legal concerns, consult a qualified attorney.

Key Responsibilities and Legal Considerations

For sellers, listing agents are bound by Arizona law to represent their clients with fiduciary duties such as loyalty, obedience, disclosure, confidentiality, and accounting. However, even when dealing with an unrepresented buyer, agents must act with honesty and fairness.

For buyers, choosing to forgo a REALTOR® means assuming full responsibility for understanding contracts, negotiations, and the intricacies of the home-buying process. Without professional guidance, buyers should conduct thorough research and possibly seek legal counsel to avoid pitfalls.

The Importance of the Unrepresented Buyer Disclosure

As outlined by the Arizona Association of REALTORS®, Arizona REALTORS® provide an Unrepresented Buyer Disclosure form, which clarifies that the listing agent solely represents the seller. Buyers should carefully review this document to acknowledge they are proceeding without an agent’s expertise.

Contracts: What You Need to Know

One major roadblock for unrepresented buyers is contract access. Standard Arizona REALTORS® forms, including the Residential Resale Real Estate Purchase Contract, are copyrighted and exclusive to association members. Buyers without representation must source their own contracts through attorneys, title companies, or online legal platforms.

Arizona law also requires listing agents to present all offers to their sellers, regardless of the contract format. If an unfamiliar contract is submitted, sellers should seek professional advice to ensure fair terms. As noted in the Arizona REALTORS® guidelines, listing agents must submit all offers unless written instructions state otherwise.

Counteroffers and Negotiation Strategies

Sellers who prefer using the Arizona REALTORS® contract can respond with a counteroffer on that form. Since only REALTORS® can generate these documents, listing agents can facilitate this step while maintaining their obligation to the seller. The Arizona Association of REALTORS® advises that sellers consult their broker or legal counsel when evaluating non-standard purchase contracts.

Tips for a Smooth Transaction

• For sellers: Work closely with your listing agent to navigate negotiations with an unrepresented buyer.
• For buyers: Consider consulting a real estate attorney to review contracts and legal obligations.
• For both parties: Communicate clearly and document every step of the process to prevent disputes.

Whether you’re buying or selling, understanding the risks and requirements of going without a REALTOR® in Phoenix-Scottsdale-Mesa is crucial. While it’s possible, working with a knowledgeable real estate professional can make the process smoother and more secure.

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