June 8th, 2020 at 11:47 am

Question: I am the buyer’s agent. I’d like to show my buyer a new listing that just came on the market. The listing agent works for another company. My buyer and I both signed the C.A.R. Coronavirus Property Entry Advisory and Declaration – Visitor or PEAD-V form. I forwarded the signed PEAD-V to the listing agent as requested. The listing agent, however, has flatly refused to allow us entry into the property unless I also provide my initials as an acknowledgment of receipt at the bottom of the form. What should I do? 

Answer: For this situation, I would just go ahead and send your initialed acknowledgment of receipt to the listing agent. However, if you were to say that the listing agent does not appear to know what he or she is doing, I would tend to agree with you.

As background, C.A.R. recently revised the PEAD forms to, among other things, clarify that the acknowledgment of receipt below the signature lines are “not required but can be used as evidence that the initialing party has received the completed form.” Of course, instead of complying with the listing agent’s request, you may be tempted to point out that your initials are not required as according to that newly-revised language. There is no legal reason for you to initial an acknowledgment of receipt of a document that you’ve already signed along the dotted lines.

However, in this situation, it might be easier to just send over your initials, rather than to train or argue with the listing agent. After all, we do want to nurture a good working relationship with the listing agent, given that, if the showing goes well, we may be sending over an offer for him or her to go over with the seller.

Copyright© 2020 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of June 8, 2020. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.

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