What Is a Waiver of Duties Notice in Real Estate?

A Waiver of Duties Notice is a document used in real estate transactions that allows a buyer or seller to officially release their real estate agent from performing specific duties outlined by law. It’s most commonly used when one party chooses to represent themselves—often in “For Sale By Owner” (FSBO) transactions.

How a Waiver of Duties Works

In most states, licensed agents owe fiduciary duties such as loyalty, confidentiality, and disclosure to their clients. When a client signs a Waiver of Duties Notice, they acknowledge that the agent will not be performing certain duties—such as negotiating offers or advising on price—because the client has chosen to act independently in those areas.

  • The waiver must be written and signed by the party giving up representation.
  • It clearly lists the duties being waived under the state’s real estate statutes.
  • The waiver protects both the agent and the client by clarifying the scope of responsibility.

Why the Waiver of Duties Notice Matters

Waiving duties is especially relevant in FSBO or limited-service MLS listings. For example, if you list your property through a flat fee MLS service like Brokerless, you are typically waiving certain agency services—such as in-person showings or direct negotiations—while still gaining full MLS exposure. The waiver ensures everyone involved understands these boundaries.

Examples of When a Waiver May Be Used

  • A homeowner lists their property on the MLS through a flat fee service but handles buyer inquiries directly.
  • A buyer hires an agent only to submit paperwork, not to provide price opinions or negotiation advice.
  • A client chooses to waive certain duties for privacy or independence while still working under limited representation.

🏡 FSBO Tip:

If you’re selling your home yourself, signing a Waiver of Duties allows your broker to place your property on the MLS without full agency obligations. This gives you the freedom of FSBO with the exposure of a professional listing.

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