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Ambassador
6,416,949
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

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.

Jan 23, 2018 01:29 PM
Ambassador
2,070,856
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

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.

Jan 23, 2018 01:17 PM
Rainer
121,632
Cathy Starkweather
La Rosa Realty, LLC. - Celebration, FL

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. 

Jan 23, 2018 01:08 PM
Rainmaker
5,112,256
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Why would you think its important? Does your state allow you to practice law? If not, you better use the state approved contracts.

Jan 23, 2018 01:05 PM
Rainmaker
1,552,964
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

YES!

(simplest answer)

Jan 23, 2018 07:56 PM
Rainmaker
1,056,117
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

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.

Jan 23, 2018 06:47 PM
Rainmaker
2,221,377
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Bob Crane said it best....

Jan 23, 2018 01:37 PM
Rainmaker
2,245,575
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

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.

Jan 23, 2018 01:33 PM
Rainmaker
129,698
sandy straley
Rindlesbach Homes - Salt Lake City, UT
Selling Homes for over 40 Years

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

Jan 23, 2018 01:30 PM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

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!!

Jan 23, 2018 01:06 PM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

So there are no litigations, Jesus Henao.

Jan 23, 2018 08:24 PM
Rainmaker
7,862,439
Roy Kelley
Retired - Gaithersburg, MD

Use the contracts required by your broker and your MLS.

Jan 23, 2018 02:20 PM
Rainmaker
5,772,575
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

It makes life easier.

Jan 23, 2018 01:46 PM
Rainmaker
5,238,507
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Avoid the issue of practicing law without a license!

Jan 23, 2018 07:50 PM
Rainmaker
1,505,903
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

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!

Jan 23, 2018 07:19 PM
Rainmaker
2,784,416
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Pretty credible source this state approved Real Estate contracts are...

Jan 23, 2018 06:38 PM
Rainmaker
4,900,960
Richard Weeks
Dallas, TX
REALTOR®, Broker

In Texas it is the law.

Jan 23, 2018 06:00 PM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Ours in TN have been approved by attorneys and santioned by our State Association. It helps limit liability.

Jan 23, 2018 05:46 PM
Rainmaker
191,939
Erika Rae Albert, Austin Real Estate Expert
E-Rae Realty - Austin, TX
Exceeding Expectations in Every Transaction

Because most of us are not lawyers.

Jan 23, 2018 04:53 PM
Ambassador
2,684,569
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

      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.

Jan 23, 2018 04:27 PM
Rainmaker
631,608
Tom Bailey
Margaret Rudd & Associates Inc. - Oak Island, NC

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. 

Jan 23, 2018 03:50 PM
Rainmaker
1,846,861
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

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.

Jan 23, 2018 03:37 PM
Rainmaker
2,191,528
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Then all area Agents would be gfamilar with them

Jan 23, 2018 03:14 PM
Rainmaker
4,959,219
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Are you a lawyer, then use state contract or you are practicing law.

 

Jan 23, 2018 03:14 PM
Rainmaker
913,448
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

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.

Jan 23, 2018 02:59 PM
Rainmaker
5,877,189
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Because it is the law, unless you use an attorney.

Jan 26, 2018 04:19 PM
Ambassador
3,167,489
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I believe it's important for being familiar and it being tested in court.

Jan 24, 2018 09:39 PM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

So they can be enforceable.

Jan 24, 2018 07:31 AM
Rainmaker
1,466,257
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

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.

Jan 24, 2018 07:28 AM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Bob has answered

Jan 24, 2018 06:26 AM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Simply put, To stay out of legal trouble

Jan 24, 2018 05:41 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Thomas J. Nelson, Realtor,CRS,e-Pro nailed this one!

Jan 24, 2018 04:38 AM
Rainmaker
1,624,653
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

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. 

Jan 23, 2018 10:51 PM
Ambassador
5,253,385
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Because the law requires us to! We are NOT attorneys and not allowed to even craft a clause, muchless an entire Contract!

Jan 23, 2018 09:21 PM
Rainmaker
3,986,308
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

CYA

Jan 23, 2018 04:43 PM
Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

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

 

Jan 23, 2018 04:00 PM