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Good Wednesday morning Lise Howe . Why would it matter to the listing agent which contract you use? Sounds like a control freak to me.
Candice A. Donofrio
Fort Mohave, AZ
Golden Meadow, LA
I will follow the directions provided by a listing agent. Fortunately, CA RPA is the only way to write the offer( unless it is a new development, REO, trust or a short sale).
Lise Howe we have few choices in MA, too - as far as offer to purchase is concerned. However, I do not think listing agent can force the buyer's agent to use specific contract - unless they are guided by the sellers.
And it is illegal not to present the offer to the sellers in any form (unless seller has guided the agent to do in a specific way.)
Golden Meadow, LA
She can tell you which contract to use, you should use what is confortable for you and appropriate for your client. Be gracious and professional and protect your client.
Golden Meadow, LA
Once again it goes to show you how local real estate is..we have one contract form for everyone to use..simplifies things. Can these 2 contracts be that much different? If it's a multiple offer, is it in the best interest of your client to not submit a contract preferred by the listing agent and seller? As long as your Client is as fully protected in the selling agents preferred contract I would use it. If not I would explain why and use the other contract you feel best protects your client. The offer will have to be presented to the seller either way..whatever is best for your client I would do!
We have standard CA contracts but for different situations, e.g., land, mobile/manufactured housing, residential, etc.
Fundamentally does it really matter which contract is use? OR are they specific to the state in which the property lies? Are they all that different? In this case I woudl want to use what I am comfortable with but will that jeopardize your client's offer?
I would do what i wanted to do, and use the contract I would be comfortable with. A
Lise, I really prefer using the GCAAR boilerplate, and in Montgomery County, and as a mostly DC agent, I'm a lot more familiar with it than I am the MAR paperwork. So if an agent doing business with me in Montgomery County my expectation is GCAAR. Other counties, I might have to suck it up and do whatever the listing agents wants.
But if an agent wants to beat me over the head with the MAR contract in Montgomery County, I get annoyed.
It seems that whatever legal contract you use, they still have to present the offer.
Builders do it in our area and I don't like it. I like the use the standard state contract.
Lise Howe I don't see the problem since both are legally approved for use in your area. The agent probably wants one they are more familiar with using.
I don't think they can tell you what form to use. They might make acceptance subject to using their form . . . but why do agents complicate things?
We had that recently with a space lease - I did not use a rental increases addendum, but I did include the increases on page 1 of the lease, the same verbiage, for the world to see. The other broker told me I HAD to use that addendum. No I don't. Parties can agree to anything lawful.
no, the agent should not be telling you which contract to use....in MA, the seller should have a real estate attorney review all documents before signing....
In Oklahoma City we all use the same commission and state certified contract unless a builder uses their own contract which is getting scarce as our contracts have changed for the better.
I would assume that if the listing agent and client do not like your contract offer on your preferred form, that they can counter it or replace it with whatever their offer is on their preferred forms. You, of course, can then go back to your own preferred forms in your counter.
Our state commission promulgates the contracts we must use unless the client specify their contract be used. Typically new home builders have their own contract.
The only time a seller ever dictates what they will or will not accept is when i list a bank owned home. Any other seller should be happy with any state approved ps. Unless the seller is a lawyer than look out
It depends. Is there a valid reason why they have requested the particular form?
Some relo companies expect us to use their addendums.
I don't think the listing agent should tell you which one to use, if they are both used. The only time we have that issue here is when trying to decide if a property is a condo or townhome. If you don't use the right one, it could hurt the process. You did the right thing.
As long as your Client is as fully protected in the selling agents preferred contract I would use it. If not I would explain why and use the contract I think best protects my Client. Either way the offer has to be presented to the Seller. Don't apologize. Let the other agent know that you are doing them a favor by using their contract of choice.
Good morning Lise. I'm not sure what difference it really makes, as long as contracts are being written.
I wouldn't mind if I knew the agent really knew their stuff and was doing it in a spirit of cooperation, not a know it all way. In my case, it might be a difference in a residential contract or a commercial contract for a 4 plex. But you are right, what ever best protects my client's interests.
As a listing agent when I have gotten an offer on a contract I'm not familar with I read it, have my sellers read it and generally suggest we counter on the form I'm familar with. I use the GAR form which is fairly standard state wide and so all agents in the state should be familiar.
Our office policy is to use the MAR contract. You must be showing property in mid Md?
Banks, REo sales or relo transaction often specify which contract but otherwise use one you prefer would be my recommendation