If the buyer is represented by a different brokerage and is not using any affiliated services connected to the seller’s brokerage, then in most situations the buyer does not need to sign the ABA disclosure.
The ABA disclosure under Real Estate Settlement Procedures Act is tied to:
a referral to an affiliated settlement service provider, and
disclosure of that financial relationship.
If no referral is being accepted or used, the disclosure is generally not functionally relevant to the buyer.
Here is how this typically works in practice:
Seller is listed with Brokerage A
Brokerage A owns or is affiliated with Title Company X
Buyer is represented by Brokerage B
Buyer chooses Title Company Y instead of Title Company X
In that case:
The buyer is not using the affiliated business.
The buyer usually has no obligation to consent to or acknowledge use of the affiliated company.
The transaction can still proceed normally.
However, there are a few important nuances.
Some brokerages have internal compliance policies requiring:
delivery of the ABA disclosure anytime their affiliated company is mentioned, or
signatures from all parties for documentation purposes.
That does not necessarily mean:
the buyer is agreeing to use the affiliated company, or
the buyer is required to use it.
Sometimes the disclosure is simply acknowledging:
“We disclosed the relationship.”
Not:
“You agree to use the service.”
Yes, usually.
If the buyer is not using the affiliated service, the buyer can typically:
decline to sign, or
sign with notation such as:
“Acknowledged receipt only — buyer is not electing to use affiliated provider.”
The exact handling depends on:
brokerage compliance policy
lender requirements
title company procedures
attorney guidance
Generally no.
Under RESPA, coercing use of an affiliated settlement provider can create major compliance problems.
Examples of risky conduct:
“The seller will only accept offers using our title company.”
“You must use our mortgage company.”
“Your offer will be weaker otherwise.”
There is an important distinction though:
In Florida, the seller can often legitimately choose:
the title company,
escrow company,
and closing agent,
especially if the seller is paying for title insurance under local custom.
That is different from:
a brokerage improperly steering consumers.
So if the seller independently instructs:
“Closing must occur with XYZ Title,”
that can sometimes be lawful contractually.
But:
the affiliated relationship still must be disclosed if applicable.
Usually one of these occurs:
Most common outcome.
Buyer uses another title company or simply declines affiliated services.
The brokerage may internally note:
“Buyer declined to sign ABA disclosure.”
This is mainly compliance documentation.
If the seller contractually insists on a certain closing agent, the buyer must decide whether to:
accept,
negotiate,
or walk away.
That becomes a contract issue, not purely an ABA issue.
Many agents mistakenly treat the ABA as:
mandatory consent.
It is usually not.
It is primarily:
a disclosure document,
not:
a service agreement.
The key RESPA requirement is typically:
disclosure of the affiliated relationship,
not forced participation.
If you run into the situation where you cannot get the ABA signed by the buyer from another brokerage, use an Exemption Request form found in the Dalton Wade Custom Forms folder in the templates in Dotloop, fill it out and replace the Buyer's ABA with that form.