FAQ: What should I do if the boxes for authorization to disclose seller paying buyer’s expenses were left unchecked in a listing agreement that has already been executed?If the listing agent and seller inadvertently failed to check either box in the “Authorization to Disclose Seller Paying Buyer’s Expenses” Note under Paragraph 5 of the Residential Real Estate Listing Agreement, Exclusive Right to Sell (TXR1101), the omission can be corrected by using Paragraph E of the Amendment to Residential Listing, Exclusive Right To Sell (TXR 1404). If the listing agent and seller inadvertently failed to check either box in the “Authorization to Disclose Seller Paying Buyer’s Expenses” Note under Paragraph 5 of the or Farm and Ranch Real Estate Listing Agreement, Exclusive Right to Sell (TXR 1201), the omission can be corrected by using Paragraph F of the Amendment to Farm and Ranch Listing, Exclusive Right to Sell (TXR 1422).
Paragraphs E (TXR 1401) and F (TXR 1422) provide a blank section that allows the parties to clarify whether the seller authorizes the broker to disclose that the seller will consider contributing toward a buyer’s expenses, such as buyer’s broker fees or other costs payable by the buyer under a sales contract. This amendment should be signed by the listing agent and seller to properly document the seller’s intent and avoid confusion during marketing and negotiations.