Which agent is supposed to make the proper agency disclosure statement in a cooperating transaction?
A. The selling agent should make the disclosure to the prospective purchaser, and the listing agent should make the disclosure to the prospective seller. If the listing agent discovers that the selling agent has not made the disclosure to the prospective purchaser, then in order to protect properly the interests of the seller, the listing agent should see that the proper disclosure is made to the purchaser. See Rule 520-1-.06.
