If an unrepresented person refuses to sign a disclosure form, what should the agent do?

The appropriate course of action when an unrepresented person refuses to sign a disclosure form is to document the refusal and attach it to the disclosure. This approach is essential for several reasons.

First, it creates a record of the interaction and the refusal, which could be important for legal compliance and transparency. By documenting the refusal, the agent demonstrates that they have made an effort to fulfill their obligation to provide necessary disclosures while also respecting the unrepresented party's decision.

Additionally, having this documentation can protect the agent and their brokerage from potential liability in the event of a dispute down the line regarding disclosures made during the transaction. In real estate transactions, it is crucial to maintain clear records of communications and actions, particularly around compliance with disclosure regulations designed to protect all parties involved.

This option upholds ethical standards in real estate practice, ensuring that agents provide full disclosure while also respecting the autonomy of the unrepresented party.