Post-NAR · Unrepresented Buyers

Unrepresented Buyers and Dual Buyer Scenarios: Risk and Opportunity

Connor MacIvor·May 2026·10 min read

The phone rings. "Hi, I drove past your listing on Stevenson Ranch yesterday, fell in love, I'd like to see it. Just me — I don't have an agent." Post-NAR, this call is happening more often than it used to. The reason is structural: the buyer broker agreement requirement made the agent relationship explicit and contractual, and some buyers decided they'd rather browse on their own than commit to a BBA before they were even sure they wanted to buy. For sellers, the unrepresented buyer brings real opportunity and real risk, and how the listing agent handles the call defines whether the opportunity turns into a sale or the risk turns into a problem.

Why unrepresented buyers are growing

Several drivers explain the shift since August 2024:

The result: an unrepresented buyer call is no longer rare on a SCV listing. Connor's listings see them regularly — sometimes 10-20% of inbound interest depending on the property and price point.

The opportunity for sellers

An unrepresented buyer presents specific upside:

No cooperating compensation needed

If the buyer is genuinely unrepresented and not using an agent, the seller's cooperating compensation offering doesn't apply — there's no buyer agent to pay. On a $1M sale, that's $20,000-$25,000 of compensation savings, depending on what the seller was otherwise offering.

Faster, cleaner communication

Direct seller-side communication with the buyer (through the seller's agent) is often faster and clearer than the buyer-agent-to-listing-agent telephone game. Decisions happen at the speed the buyer is willing to move.

Often a more committed buyer

An unrepresented buyer who has done their own research and reached out directly often arrives more informed and more decisive than the average buyer-agent-mediated lead. They've already seen the AI Property Page, run their own comps, looked at the schools, decided they want the property.

Simpler offer chain

Fewer intermediaries means fewer points of communication failure. The buyer signs, the seller signs, escrow handles the rest.

The risk for sellers

Unrepresented buyers also bring specific risks:

Less informed buyer

The buyer may miss disclosure items, misunderstand contingency timelines, fail to schedule appropriate inspections, or overlook lender requirements. Errors on the buyer side can derail the deal.

Slower contingency removal

Without an agent guiding them, unrepresented buyers sometimes miss deadlines, request extensions, or struggle with the mechanics of the CAR forms.

Higher walk-away probability on small issues

An unrepresented buyer encountering an inspection finding, an appraisal complication, or a lender requirement may overreact and walk. A buyer's agent typically helps the buyer absorb and respond to these productively; without that buffer, walk-aways increase.

Litigation risk

An unrepresented buyer who later feels they were treated unfairly may pursue legal action. Sellers and listing agents working with unrepresented buyers need to be especially disciplined on disclosures and documentation.

Dual agency temptation

The biggest structural risk in this scenario is the listing agent being tempted to "also help" the unrepresented buyer — effectively becoming a dual agent. This is where the Sellers Only Agent model differs structurally from the traditional approach.

What dual agency actually is — and why Connor refuses it

Dual agency: a single real estate agent (or the same brokerage) represents both the seller and the buyer in the same transaction. California permits dual agency with written disclosure and informed consent from both parties.

Nine other U.S. states ban it outright: Alaska, Colorado, Florida, Kansas, Maryland, Oklahoma, Texas, Vermont, and Wyoming. The reasons those states give for banning it are structural:

California permits dual agency despite these structural issues. Many listing agents accept dual agency when an unrepresented buyer shows up because it allows the agent to capture both the listing-side and buyer-side compensation on the same deal. The agent earns more; the seller loses an advocate.

Connor's Sellers Only Agent model is the explicit refusal of this trade-off. Connor never represents buyers, never accepts dual agency, never converts an unrepresented buyer into a buyer-side client. The seller has Connor's undivided loyalty by structural design, not by case-by-case promise.

How Connor handles an unrepresented buyer call

Step by step when an unrepresented buyer reaches out:

The opening conversation

"Welcome — happy to share information about the property. Before we go further, you should know: I represent the seller exclusively on this listing. I'm not able to also represent you as a buyer. You have three paths: retain your own real estate agent through a buyer broker agreement (many great agents in SCV; happy to recommend a few independent of me); proceed unrepresented with the understanding that I advocate for the seller; or walk away if either of those isn't a fit."

Most buyers continue the conversation. Most choose either to bring representation or to proceed unrepresented with full understanding.

The information sharing

Connor provides factual information: property details, disclosure documents, NHD report, HOA documents (where applicable), inspection reports (where pre-listing inspection was done), and the AI Property Page link. All buyers get the same factual information whether represented or not.

The showing

Connor (or a colleague) shows the property professionally. The buyer asks questions; Connor answers factually. The conversation stays at the level of facts about the property, not advice on whether to buy or what to offer.

The offer

If the buyer wants to write an offer, Connor refers them to:

Connor does not draft the buyer's offer. The offer must come from the buyer's side — their attorney, their newly-retained agent, or their own preparation.

The contract phase

Once the offer is on the table, the seller and Connor evaluate it like any other offer. The seller signs or counters. The buyer (with their attorney or new agent or solo) responds. The contract proceeds with each side acting in their own interest.

The disclosures

Connor delivers all required seller disclosures (TDS, SPQ, NHD, HOA, lead-based paint if applicable) to the buyer in writing. The buyer signs receipt. Connor documents delivery carefully. Unrepresented-buyer transactions need especially clean disclosure paper trails.

The escrow

Standard escrow handling. Connor manages the seller's side; the buyer manages their own side (possibly with attorney support). Escrow remains the neutral third-party.

The dual-buyer scenario — two buyers, one represented, one not

Occasionally a listing produces two competitive offers, one from a represented buyer and one from an unrepresented buyer. The decision points:

Connor reviews these scenarios with the seller and recommends based on the full picture, not just the headline numbers.

What the buyer's attorney role looks like

Unrepresented buyers sometimes retain a real estate attorney instead of an agent. The attorney drafts and reviews documents but does not show properties or perform agent functions. Mechanics:

Attorney representation can substitute for an agent on the documentation side but does not provide showings, comp analysis, or negotiation strategy. Buyers using this model tend to be sophisticated.

The seller's interest in the buyer being well-served

Counterintuitive but real: the seller benefits when the buyer has competent representation or competent self-representation. Why?

Connor's posture toward unrepresented buyers is professional and helpful precisely because well-served unrepresented buyers close their deals and don't generate post-close problems. The Sellers Only Agent model is built on the recognition that the seller's interest and the buyer's reasonable treatment are not zero-sum.

"Unrepresented buyers are not a threat to a Sellers Only Agent listing. They're a different kind of opportunity, handled with discipline. The seller still gets undivided representation; the buyer still gets fair information; and the deal still closes. What doesn't happen is the dual-agency trade-off where the seller quietly loses an advocate to the listing agent's other client. That's the structural difference." — Connor MacIvor

Sellers Only, Every Time

No dual agency, no buyer representation, no exception. The Sellers Only Agent model protects every Connor seller's undivided representation through every offer, every buyer, every transaction.

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California permits dual agency with written disclosure and informed consent under specific procedures governed by California real estate law. Nine other U.S. states ban dual agency. This article is general information based on Connor's operating practices and refusal of dual agency as a permanent policy, not legal advice. Sellers and buyers with specific representation questions should consult appropriate licensed professionals. The $17K Fair Fixed Fee covers Connor MacIvor's listing-side representation only. Connor never represents buyers on Connor's listings under any circumstances. Cooperating compensation, when offered to a buyer's agent, is a separate amount; an unrepresented buyer transaction requires no cooperating compensation by definition. Connor MacIvor, REALTOR · CA DRE #01238257 · SYNC Brokerage. Sellers Only Agent™ is a trademark of Connor MacIvor (USPTO #99738462). All real estate commissions are negotiable per California Business and Professions Code Section 10140.6. If your home is currently listed for sale, this is not a solicitation.

Frequently Asked Questions

What is an unrepresented buyer?
Buyer not working with a real estate agent. Contacts listing agent directly, may write offers without buyer-side representation. Growing post-NAR.
What is dual agency?
Same agent (or brokerage) represents both seller and buyer in one transaction. California permits with disclosure; nine other states ban entirely. Structural conflict of interest.
Why does Connor refuse dual agency?
Because Sellers Only Agent means undivided loyalty by structural design, not case-by-case promise. Dual agency is the explicit opposite of what the model exists to deliver.
How does Connor handle unrepresented buyers?
Professionally, factually, transparently. Informs them Connor represents seller exclusively. Buyer chooses to retain own agent, retain attorney, or proceed unrepresented with full understanding. Never converted to Connor's client.
Connor MacIvor

Connor MacIvor · The Seller's Agent

27+ years in real estate. Sellers only. $17K Fair Fixed Fee. Santa Clarita Valley.
CA DRE #01238257 · SYNC Brokerage