I just read this interesting article and was very pleased that this is so. I have had agents sign for absent buyers in the past with no issues. I however, whenever possible, email a copy of my Pre-Inspection agreement for them to sign and scan back to me. This works very well.
This is never a good idea. They are not your client. If it ever went to court they could say they had no knowledge of the agreement. You would be hooped.
ISN and online agreement signing, pretty much eliminate this issue.
The only way I allow an agent to sign for a client is if they provide a power of attorney from the client. I have a couple of investor clients who did this so their agent signs the agreements. I get a new one every year.
Check with your E&O carrier and also see what your state says. You do not have any information on your location. If you add it to your profile it will be easier for members here from your state to share more specific information.
On the rare occasion this has happened, when I email a copy of the contract to the client for review, I require they respond to the email with permission for the agent to sign. That email is attached to the contract when it is signed by the agent. Most of the time when clients do not attend which is rare for me, they sign electronically. Heck, they can print and sign the contract and use the App CamScanner from their phone and send it back. Or Adobe Reader now allows documents to be signed electronically from your phone. No charge. There are many options for the client to sign.
That’s what I use. It’s painless.
I allow Agents to sign:
- They represent the buyer.
- It fulfills the State requirement.
3.It fulfills the Insurance requirement.
Always follow up with the buyer ASAP.
The agent is a go between if you never get to meet the buyer (better than trying to deal with someone you never met). If you have problems with payment, you have the agent to go threw. In most cases, the agent also pays for the inspection when they sign.
When you hold the report up because of payment, I guarantee the agent will get on the stick with the buyer.