What forms are required when a listing agent is dealing with an unrepresented buyer?

QUESTION: I am the listing agent for a property, and I have been approached by an unrepresented buyer. My listing agreement permits dual agency, so I asked if they wanted me to represent them. The buyer was adamant that they did not want me, or any other agent, to represent them. I have never had to deal with an unrepresented buyer as a listing agent before. Other brokers have told me that I need either an agency agreement or a showing agreement in place before I can show the property to a buyer who does not have representation. Is that accurate?

ANSWER: No. If the buyer insists that they do not want or need representation, then it is not appropriate to require that they sign an agency agreement or a showing agreement (which is a limited-service agency agreement) prior to showing them your listing. Doing so would establish an agency relationship between you and the buyer, thereby presenting a direct conflict with the buyer’s expressed interests.

The only form that the buyer would be required to review and sign in this case is the Working with Real Estate Agents (“WWREA”) disclosure. Instead of selecting all the agency options offered by your firm on the WWREA, select only the “Unrepresented Buyer” option since you will not be establishing any kind of agency relationship with the buyer. Instead, you will solely be acting as the seller’s agent throughout the duration of the showing appointment and any resulting transaction.

At the showing appointment and during any subsequent communication with the buyer, it is important to keep in mind that your loyalty is owed exclusively to the seller. This means that your interactions with the buyer will be limited in nature. For example, you must not share confidential information with the buyer at any point. In addition, you must avoid providing the buyer with any advice regarding the terms of a proposed offer. You may, however, give the buyer blank sample copies of NC REALTORS® forms, such as the Offer to Purchase and Contract (Form 2-T), and advise them to seek the help of an attorney should they have any questions about how the forms should be filled out.

If the buyer wants you to help them prepare a form, like Form 2-T, you are permitted to do so, but there are some noteworthy limitations that you should be aware of. First, the buyer must provide all of the necessary terms, figures, and other information to be inserted in the form. Second, you must insert only the information provided by the buyer into the form and return the completed form to the buyer for review. Third, if the buyer wants to make any revisions to the form, you should advise them to make the revisions themselves before submitting the finalized form to the seller for consideration.

As an alternative to assisting the buyer fill out Form 2-T, you might consider filling out the offer with your seller instead and sending it to the buyer for signature. This is permissible, and it may create less confusion with the buyer as to your role in the transaction.

For more information on how to navigate working with an unrepresented buyer as a seller’s agent, we suggest you read the article linked here.

Release Date: 7/9/2026

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