Earnest Money - No agents involved

[Ryan O.]

Our long time agent brought me a off market lead that we are preparing to submit an offer on. Our agent is negotiating the deal on our behalf but does not have an an agreement with us or the seller regarding representation or compensation.

We want to submit our offer with a significant EM check, but are unsure who to make it out to. We can't use our agents brokerage, and I'm not willing to make it out to the buyers for obvious reasons.

My thought is to make it out to our attorney and provide a copy to the buyer with our offer. Thoughts?