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Do Realtorshave to disclose all perspective buyers names to the seller?
Anonymous2 views3 answers
The seller is demanding a list of names of all persons that attend a showing of their commercial property. I decline. The sellers states they have a right by FL law to know the full names of all persons attending a showing of the property. Is that correct? Do I have to provide a list of all persons? This is a commercial property.
Also, they do not want certain persons Ie: People they are indebted to enter the property. I have never heard of such a request.
Are there any such FL laws? Do I have to provide them with such a list?
Thank you for your reply.
This is a matter for the broker. But the general answer is no. You aren't legally required to inform the seller of prospective buyers and the seller can put restrictions on who is allowed onto their property. This is not unusual. Sellers, especially commercial property sellers, often restrict what information can be disclosed and under what conditions. If your prospective buyers don't want to disclose their identity or deem it unnecessary, then sell them some other property without such restrictions. I also find the term "persons attending" the showing curious. Who would be attending the showing that is not a prospective buyer
I agree with Mr. Gaffney that this is a question for your broker. It is also a matter that may have been covered in the listing agreement. If a broker were to ask me this question, and it was not covered in the listing agreement, I would advise the broker to disclose the information. There is no reason to keep the prospective buyers a secret, and it may be to the broker's advantage to disclose them if there is ever a question as to which broker procured the actual buyer. As Mr. Gaffney suggested, your broker may want to consult his or her lawyer before making a decision.
Whenever anyone (lawyer or nonlawyer - but especially nonlawyers) tell me, "they have a right by Florida law" to do something, I always respond by saying, "oh really? And what law is that?" And then INEVITABLY JUST laugh and laugh, while they STUMBLE ALL OVER THEMSELVES AND say, "hubba, hubba, er, uh, well I, DUUUUUH.". But the real question here is whether you are a THE BROKER of record, or merely an AGENT of that broker. IF you are the broker, you should have legal counsel advising you on this; and if you are merely an agent, this is a question FOR YOUR BROKER. Hope this helps. gsg
