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

Ying Tang
Posted

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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