Agency Disclosure in Non-GAR Contracts and Leases

If you have ever sold or leased a property and the agreement was on a non-GAR form,
it is very possible that your agency relationship, the RMAA Firm License number or
your license number was omitted from the agreement. Sometimes the selling or
leasing agent is not even mentioned in the non-GAR agreement at all. If you have an
exclusive buyer brokerage agreement or tenant brokerage, the buyer or tenant is your
client and you need to disclose all of the above to be in compliance with GREC.

GAR provides 2 forms for agency disclosure for non-GAR contracts. One for sales and
the other for leases. They are GAR F119 (Sales) and GAR F143 (Leases)

The situation is easily handled one of 2 ways.
1. If the original purchase agreement or lease HAS NOT been bound and you are
the named agent in the agreement, but your relationship to the client is not
disclosed, an agency disclosure can be attached to the original purchase
agreement or lease agreement. It discloses your relationship to the client.
2. If the original agreement HAS been bound, an exhibit will have to be added by
amendment. The agency disclosure would be an exhibit to the amendment. The
amendment will disclose your license numbers in the signature block. The
exhibit will disclose your relationship to the client. All the amendment needs to
say is “Agency Exhibit is hereby attached as Exhibit ____.”

Sometimes, especially in builder contracts, just a license number is missing. In those
cases, when you are signing your name, just include any missing license numbers in
the signature block. If the relationship as a client is not disclosed, you can even add
“RMAA Agent is working with the Buyer/Tenant as a client.” So long as the
relationship and license numbers are disclosed, you are golden!