What Paperwork to Send an Unrepresented Seller (FSBO)
What Paperwork to Send an Unrepresented Seller (FSBO)
When you're representing a buyer and the seller has no agent, you have additional disclosure obligations. Here's what to send and when.
Required Disclosures to an Unrepresented Seller
1. Information About Brokerage Services (IABS) Texas law requires you to deliver the IABS at the first substantive communication with a party you don't represent. For an unrepresented seller, deliver the IABS before or when you present the offer.
The IABS clarifies that you represent the buyer — not the seller — and that the seller should seek their own representation.
See Information About Brokerage Services for the current form.
2. Written statement that you represent the buyer Your IABS covers this, but it's good practice to make it explicit in your cover email: "I represent the buyer in this transaction. I am not able to provide advice or guidance to you as the seller. You may want to consult a real estate attorney or agent."
What You Are NOT Required to Do
- You are not required to provide the seller with the contract forms in advance
- You are not required to explain contract terms to the seller — that's not your job and doing so creates liability
- You are not their agent — do not offer advice on pricing, negotiation strategy, or whether they should accept
Presenting the Offer
When you present the offer to an unrepresented seller:
- Send via email with the IABS attached
- Include a cover letter or note making your representation explicit
- Walk them through the basic mechanics only if they ask — and keep it factual, not advisory
- Recommend they consult an attorney if they have questions about contract terms
If the Seller Asks You to Be Their Agent Too
This triggers the intermediary rules. You cannot represent both buyer and seller in the same transaction without going through the proper intermediary process and getting written consent from both parties.
See Working as an Intermediary (Double Dipping) before agreeing to anything.