6,416,949
A fine line is walked in the negotiated procedures with the state bar regarding our "practicing law" without a license.
Using these specific forms is that compromise, anything beyond filling in the blanks on these is best to send to an attny.
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Elise Rudarmel
Stansbury Park, UT
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
-
Lyn Sims
Schaumburg, IL
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Jeff Pearl
Lovettsville, VA
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Anthony Acosta - ALLAT...
Atlanta, GA
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Bob Crane
Stevens Point, WI
2,070,856
I'm not sure if our contracts are state-approved, or not.
Our contracts were written by local attorneys and are approved (and recommended) by our local board... and since they're written by local attorneys, we don't tend to have a lot of issues with attorneys after acceptance.
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Debe Maxwell, CRS
Charlotte, NC
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Lyn Sims
Schaumburg, IL
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Jeff Pearl
Lovettsville, VA
-
Bob Crane
Stevens Point, WI
121,632
In Florida, they documents are written by the Florida BAR for FL Realtors and continually updated. Rest assured it's the best legal document, written by attorneys specificially for home sales/purchases. Buyers and sellers feel comfortable knowing that it was written and updated by a team of attorneys. It's also a requirement to use specific contracts with most brokers.
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Debe Maxwell, CRS
Charlotte, NC
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Silvia Dukes PA, Broke...
Spring Hill, FL
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Jeff Pearl
Lovettsville, VA
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Bob Crane
Stevens Point, WI
5,112,256
Why would you think its important? Does your state allow you to practice law? If not, you better use the state approved contracts.
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Lyn Sims
Schaumburg, IL
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Jeff Pearl
Lovettsville, VA
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Anthony Acosta - ALLAT...
Atlanta, GA
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Bob Crane
Stevens Point, WI
1,552,964
YES!
(simplest answer)
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Tony and Suzanne Marri...
Scottsdale, AZ
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Debe Maxwell, CRS
Charlotte, NC
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Thomas J. Nelson, REAL...
La Jolla, CA
1,056,117
Our state forms have been written and rewritten and updated and revised yada yada yada yada because of lawsuits. Using them is a risk reduction tool.
In addition to state forms, in my practice we use the industry standard commercial real estate forms (AIRREA), also written by attorneys. They're not AAR forms, but are State specific and often more appropriate for transactions that we're working on.
So the answer to your question is, we don't always use the state forms but the best forms for our needs.
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Elise Rudarmel
Stansbury Park, UT
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
2,221,377
Bob Crane said it best....
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Debe Maxwell, CRS
Charlotte, NC
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Bob Crane
Stevens Point, WI
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Anthony Acosta - ALLAT...
Atlanta, GA
2,245,575
Oh I don't know, how about to avoid a lawsuit or fine for being out of compliance. We don't want to spend time on anything but listing, marketing, selling real estate full time and out of date, not REALTOR approved contracts are a recipe for disaster.
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Debe Maxwell, CRS
Charlotte, NC
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Jeff Pearl
Lovettsville, VA
129,698
Our Real Estate Purchase Contract in Utah is state approved and I would not use anything else . . .. legal issues, and I would like to keep selling real estate for the next 40 years
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Debe Maxwell, CRS
Charlotte, NC
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Jeff Pearl
Lovettsville, VA
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Bob Crane
Stevens Point, WI
5,583,328
we use the board agreements but often the seller's attorney wants to do his own agreement.... they use ours for the fill in the blanks information.... everyone we represent uses an attorney..... our rule!!
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Debe Maxwell, CRS
Charlotte, NC
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Jeff Pearl
Lovettsville, VA
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Bob Crane
Stevens Point, WI
4,319,773
So there are no litigations, Jesus Henao.
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Debe Maxwell, CRS
Charlotte, NC
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Praful Thakkar
Burlington, MA
7,862,439
Use the contracts required by your broker and your MLS.
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Debe Maxwell, CRS
Charlotte, NC
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Jeff Pearl
Lovettsville, VA
5,772,575
It makes life easier.
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Jeff Pearl
Lovettsville, VA
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Bob Crane
Stevens Point, WI
5,238,507
Avoid the issue of practicing law without a license!
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Debe Maxwell, CRS
Charlotte, NC
1,505,903
It's not! You can use any contract in California. There is no law requiring us to use the state association provided forms. With that said, you won't get the free legal advise if you don't use their forms and your E&O may have a few things to say about it too!
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Debe Maxwell, CRS
Charlotte, NC
2,784,416
Pretty credible source this state approved Real Estate contracts are...
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Debe Maxwell, CRS
Charlotte, NC
4,900,960
3,988,013
Ours in TN have been approved by attorneys and santioned by our State Association. It helps limit liability.
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Debe Maxwell, CRS
Charlotte, NC
191,939
2,684,569
Those contracts have been drafted and/or reviewed by attorneys; many of them have been tested in Court. There is also the issue of UPL.
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Debe Maxwell, CRS
Charlotte, NC
631,608
Because it’s against the law in N.C. for agents to practice law. Now if the buyer and the selle want to write their own that’s okay, but agents can’t participate unless they at lawyers.
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Debe Maxwell, CRS
Charlotte, NC
1,846,861
So people don't go writing in whatever they feel like it. You know that attorneys & the board has already looked over the contract beforehand.
In my area, there were some old contracts that were so bad they sorta, maybe had a closing date suggested.
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Debe Maxwell, CRS
Charlotte, NC
2,191,528
Then all area Agents would be gfamilar with them
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Debe Maxwell, CRS
Charlotte, NC
4,959,219
Are you a lawyer, then use state contract or you are practicing law.
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Debe Maxwell, CRS
Charlotte, NC
913,448
It's part of the game. Uniformity, best if everyone is playing by the same rules. Laws and forms are constantly changing, so having everyone using same updated forms keeps things in order.
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Debe Maxwell, CRS
Charlotte, NC
5,877,189
3,167,489
I believe it's important for being familiar and it being tested in court.
4,800,132
1,466,257
Jesus Henao To my knowledge real estate contracts are not state approved. They are written and approved by real estate attorneys taking state laws and disclosure requirements into consideration.
4,434,177
3,416,038
3,071,489
1,624,653
Because you are not allowed to provide any legal advice unless you are a lawyer. If a client wants to modify a standard agreement, it is fine, but it is not my job to advise them how to do it.
5,253,385
Because the law requires us to! We are NOT attorneys and not allowed to even craft a clause, muchless an entire Contract!
3,986,308
613,494
If only one contract is taught and used, agents don't need to learn how to read...or think.
Using a different contract does not mean you are acting as an attorney...there was a time when locally there were 4 contracts to choose from. I used the one that was most favorable to the buyer.
Eve