Posted by John Merchant on April 08, 2008 at 09:52:12:
If you’re an MLS member, and if this is a residential property, you have to use the MLS listing agreement in order to, as per the MLS rules, take a listing or commission agreement.
If not, you could use most any kind of agreement that all parties would agree to and sign.
I’d just advise you to fully disclose everything to all parties, holding no secrets or confidential info and having all parties stating they’d been told everything about the deal and releasing you from any and all liability.
On many of the loan deals I do I have both the lender and borrower sign stating that they’ve been advised I’m not the agent or fiduciary for either of them and I’m acting only for myself.
By the way, I’m sure no big fan of “dual agency” as I believe it’s virtually impossible to represent seller and buyer in same deal…and I’ve seen many, many of these deals blow up in the agents’ faces because they couldnt do it either.