Summary
When an Artemis agent meets a prospect who is already under a binding Buyer Agency Agreement (BAA) with another agent — and especially when that agent has gone dark — the path forward is a documentation-first release process. The buyer owns the release request; the Artemis agent facilitates the logistics. Get the release in writing BEFORE writing an offer. Showings, pre-approval, and education are fair game pre-release; transactional work is not.
When This Applies
- A new prospect (often a Zillow Preferred lead) discloses an active BAA with another agent
- The other agent has ghosted (no contact since signing) and the buyer wants to switch
- The buyer can't locate the agent's name, the brokerage, or a copy of the BAA itself
- Common scenario — agents go dark, buyers get frustrated, they restart fresh
Legal Framework (Illinois)
NAR Code of Ethics, Article 16 — Interference with Exclusive Relationships: Cannot knowingly solicit a buyer who has an exclusive BAA with another agent. BUT — if the buyer initiates contact and asks YOU to help her exit the BAA, that's her action, not interference.
NAR Settlement (Aug 2024): Buyer agreements are now SEPARATE from MLS listings. The BAA is a contract between the buyer and the first agent's brokerage — not an MLS issue. Makes the path easier.
Illinois Written Brokerage Agreement (effective Jan 1, 2025): When the buyer signs with an Artemis agent, that BAA is a fresh agreement — but the prior BAA can still surface. Protect the file with a contingency clause.
Required BAA Contingency Clause
Every Artemis agent BAA in this scenario must include language equivalent to:
"This agreement is contingent on buyer being released from any prior buyer agency agreements with other brokerages."
This protects the agent if the prior BAA ever surfaces.
The Three-Step Play
Step 1 — Document What You Know (Day 1)
Send the buyer a confirmation email summarizing what she has told you, with these fields:
- Approximate signing date
- Agent name (likely "unknown to her")
- Brokerage name (likely "unknown to her")
- Current status: no contact since signing, buyer wants to work with new agent
- Buyer's request: release or confirmation BAA is void
This email is the agent's defense if the original agent later claims interference. Evidence that the buyer initiated, the buyer is seeking the release, and the agent documented the ghosting claim.
Step 2 — Three Locator Options (Buyer Drives)
Option A — Email/MLS Search:
- Recall any details: agent first name, brokerage, search city, team vs. national company
- Search the buyer's saved Zillow / Realtor.com searches — agent contact often persists there
- Email spam/promotions folder for brokerage messages
Option B — Title/Lender Records:
- Ask her lender or title company (if pending transaction) — BAA may surface in loan or title docs
- Pre-qualification lender sometimes has the brokerage on file
Option C — Agent-Assisted (Controlled Scope):
- Pull buyer's credit report through title (with written consent + fee) — BAA details sometimes appear in attached pre-approval docs
- Pull public records for any contracts in the last 6 months — listing agent + brokerage will appear
The interference trap (DO NOT DO THIS): Cold-calling local brokerages saying "I have a buyer who signed with you but forgot your name" IS interference. The reactive script is fine: "I'm trying to locate a buyer who may have signed a BAA with your office — is there a way to verify if she's in your system?"
Step 3 — Call the Brokerage, Not the Agent
Once the brokerage is identified, the call goes to the broker, not the missing agent. Broker is the legal party to the BAA. If the agent is ghosting, the broker wants to know. Broker can confirm status faster.
Script:
"Hi, I'm working with [Buyer Name]. She signed a buyer agency agreement with one of your agents approximately [X] months ago, but she's lost track of which agent and has no copy of the agreement. She's trying to get clarity on whether the agreement is still active and, if so, request a release. Can you help me identify which agent that was and get us a copy of the agreement?"
What's Allowed Pre-Release
| Activity | Allowed Before Release? |
|---|---|
| Showings | Yes |
| Pre-approval / lender pivot | Yes |
| Buyer education (process, financing, market) | Yes |
| Listing the buyer's home (separate transaction) | Yes |
| Writing an offer | No — wait for release |
| Signing your own BAA without contingency clause | No |
| Cold-calling other brokerages to find the agent | No — interference |
Fred's Bottom Line
Get the release in writing BEFORE writing an offer. Pre-release work (showings, pre-approval, education) is fair game. Transactional work happens only after the legal path is clear. Call the first broker, document the conversation, get written confirmation that the BAA is non-existent or released. Then close cleanly with zero liability.
The one-liner: Help her find the ghost agent, but don't become the ghost agent yourself. Make HER request the release; you just facilitate the logistics. Once released, you're all in.
Seneca Coverage
Seneca's compliance engine has the full BAA release knowledge base loaded — agents working through a live ghost-agent scenario should run the question there for situation-specific tactics and additional script variants.
Related
- post-acceptance-representation-boundaries — Sister compliance page covering boundaries after you're under contract (compensation-agreement confidentiality + listing-agent communication); this page covers getting clear before you write
- buyer-rep-agreement-scoping — Once the prospect is free to sign with you, how to scope the new BAA (single property vs. area) and set compensation
- zillow-flex-program — Most ghost-agent scenarios surface from Zillow Preferred / Flex leads where the buyer worked another agent in the lead funnel before reaching Artemis
- vip-buyer-program — Once the release is secured, the buyer often qualifies for the VIP buyer treatment given the friction-driven loyalty
- alm-appointment-framework — The release workflow doubles as a high-leverage ALM (Appointment, Location, Motivation) capture moment
- seneca-adoption — Run the live BAA scenario through Seneca for additional tactical depth
- one-real-title — One Real Title is the title partner of choice for closing once the release is in hand
Source Notes
Captured from a 2026-04-26 #questions-and-feedback Slack thread where Bradley Whitener surfaced a live $450K Zillow buyer scenario. Fred's response combined the legal framework (NAR Article 16, Aug 2024 settlement, Illinois Jan 2025 written-agreement rule), the documentation-first defense, the three-locator-option playbook, and the broker-not-agent escalation script. Single-source page; expand on next ghost-agent scenario surfaced.