Off-market purchase when you’re a licensed agent – contract & broker question (AZ)

Off-market purchase when you’re a licensed agent – contract & broker question (AZ)

Member since 2025 · 322 posts · 121 votes

Hi BP folks,

I have a question about an off-market scenario and want to make sure I’m handling it correctly.

Let’s say I’m talking with a neighbor and we agree on an off-market sale (no MLS, no listing agent). I’m buying the property for myself as a buy-and-hold investment.

I’m a licensed real estate agent in Arizona, but in this transaction I’m acting purely as the buyer/principal (not representing the seller and not charging any commission).

My questions are:

  1. Is it acceptable to use the standard AZ Residential Resale Purchase Contract for an off-market deal like this? If so, for the agent part, should I leave it blank?
  2. Or should I hire an attorney to draft a contract? 
  3. As a licensed agent buying my own property, do I still need to run the transaction through my broker even if there’s no commission involved? My broker  charge a flat fee of several hundred so that's no problem for me. But since there is no seller agent involved I'm not sure how's that handled.
  4. What if the buyer is my husband (he is not licensed)?
  5. Any best practices or pitfalls to watch out for in terms of disclosures or compliance when doing a self-purchase off-market?

Appreciate any insight from those who’ve done this before, especially in AZ or similar states. Thanks in advance.

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  • Doug McVinuaPro Member
    Property Manager · Queen Creek, AZ · Member since 2016 · 608 posts · 426 votes
    9mo

    @Ying Tang 1. If you are a member of the Arizona Association of Realtors, you have the right to use the forms. You will list yourself as the buyer's agent and want to disclose in writing that you are a licensed real estate salesperson in the state of Arizona.

    2. 99% of residential transactions in Arizona do not use an attorney, and unless this is something unusual, I would not.

    3. That is a broker question and needs to come from your broker. It is often in your independent contractor agreement. 

    4. Your husband can be the buyer, but I would still clearly disclose that you are licensed.

    5. Disclose, disclose, disclose that you are licensed in writing, do not fall into a dual agency trap, and make sure you follow the rules of your broker.

    • Member since 2025 · 322 posts · 121 votes
      9mo

      @Doug McVinua Thanks for your inputs! I'll ask my broker to make sure I'm complying with the rules. 

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