CA Realtor question - Posted by Kristine-CA

Real Estate Investing
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Posted by BrokerScott (Mich) on July 03, 2003 at 05:45:40:

Hi Kristine, Obviously I’m not a CA Realtor but I suspect that the form might be produced or copywrited by the state Realtor asso. (CAR is ‘California Asso of Realtors’- right?) Around here the state has its own form but usually each board has its own variant as well. Since I assume that the form is in the public venue, which is how you got it, you should be safe, but you might want to check with your lawyer. Better save than sorry. Best, Scott

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CA Realtor question - Posted by Kristine-CA

Posted by Kristine-CA on July 02, 2003 at 05:43:00:

For any of you that are Realtors in CA: What’s your understanding regarding using the CAR contract when you are not a Realtor? At the bottom of page 8 there is a disclaimer that states that the form is for use by anyone in the industry and that use of the form does not indicate that anyone using it is a Realtor.

That being said, what is all this concerm I’m getting from agents and Realtors when I use the form? First it was my escrow officer, who I thought was over the top. But now it’s from anyone who is an agent: Where did you get that? That’s for Realtors only. Only Realtors can get that form, blah, blah, blah.

What’s going on with this? Are those new radio ads for the CAR going to everyone’s heads? Maybe there is a different perspective on this that I should know about?

Thanks for any insights. Sincerely, Kristine

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Re: CA Realtor question - Posted by Mark (SDCA)

Posted by Mark (SDCA) on July 03, 2003 at 17:32:42:

You have found exactly the problem with the vast majority of realtors. They are ignorant.

  1. You cannot use our form.
  2. You cannot use any other form except our form.
  3. It is illegal for you to fill out our form.
    And so on. Just keep using their form.

Mark

PS Enlightened realtors do NOT do this. When the standard form changed, my realtor photocopied 2 copies and mailed them to me. She knows I like to fill out my own forms. She knows I know how to do it. She knows I always send them back to her and don’t try to jack her out of her commission. She is a pro so I use NO ONE but her.

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Re: CA Realtor question - Posted by Anne_ND

Posted by Anne_ND on July 03, 2003 at 16:42:53:

Hi Kristine,

I ran into the same ‘problem’ here. A broker gave me a blank copy of the local Board of Realtor’s Purchase and Sale Agreement. I was making so many offers he was tired of having his people spend an hour with me each time going through the dang form (I was tired too). We agreed it would be better for me to write up the offer on the form and they’d submit it. They were unwilling to submit any offers using my (much simpler) purchase and sale agreement. Several brokers locally were okay with this. Finally ran into one (very small real estate office), I gave them my offer on the BoR form and they not only had a fit, but they ‘turned me in’ to the local Board of Realtors for ‘possession of a blank BoR form’. Talk about alienating a potential buyer.

Turns out anyone can use the form, but you should just white out the title that identifies it as the local Board of Realtors’ form if you’re not going through a realtor. Another example of an agent (actually a Broker in this case) who was much more comfortable doing things the hard way because that’s the way she’d been taught and she wasn’t going to do any independent thinking, by golly. I had gone directly to the listing agent rather than the larger real estate firm because I like to give agents both sides of the commission if possible, but I’ll never use that office again.

So you’re ‘problem’ is most likely one of perception on the part of the agent rather than a legal issue.

good luck,

Anne

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Re: CA Realtor question - Posted by Brian (NoCA)

Posted by Brian (NoCA) on July 03, 2003 at 15:46:12:

Kristine,

I’ve had the same complaints from realtors, although I have yet to find a straight answer to your question as well. I’ve started using Professional Publishing’s froms (out of Novato, CA). They essentially say the same thing as the CAR forms so you can use them without everyone complaining. However, sometimes you get the reverse effect - realtors will say that they can only accept offers on homes that are written on the CAR forms! Utterly ridiculous. But it’s usually nothing that can’t be remedied by talking to their broker.

Best of luck,
Brian