Lise Howe, Assoc. Broker in DC, MD, VA and attorney in DC (Keller Williams Capital Properties)

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TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

 Good Wednesday morning Lise Howe . Why would it matter to the listing agent which contract you use? Sounds like a control freak to me.

Jan 19, 2016 05:24 PM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

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).

Jan 19, 2016 04:37 PM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For 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.)

Jan 19, 2016 02:42 PM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

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. 

Jan 19, 2016 12:11 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

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!

Jan 19, 2016 09:11 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

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?

Jan 19, 2016 01:24 PM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy


I would do what i wanted to do, and use the contract I would be comfortable with. A

Jan 19, 2016 01:11 PM
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

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.

Jan 19, 2016 12:19 PM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

It seems that whatever legal contract you use, they still have to present the offer.

Apr 11, 2019 11:22 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Builders do it in our area and I don't like it. I like the use the standard state contract.

Aug 26, 2016 07:11 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

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.

Jan 20, 2016 04:48 AM
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

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.

Jan 20, 2016 03:51 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

no, the agent should not be telling you which contract to MA, the seller should have a real estate attorney review all documents before signing....

Jan 19, 2016 10:32 PM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

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.

Jan 19, 2016 09:33 PM
Toronto, ON

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.

Jan 19, 2016 09:27 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker

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.

Jan 19, 2016 09:18 PM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

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

Jan 19, 2016 09:18 PM
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

It depends.  Is there a valid reason why they have requested the particular form?  


Jan 19, 2016 09:16 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Some relo companies expect us to use their addendums. 

Jan 19, 2016 09:10 PM
Brenda J. Andrew
Professional Realtor in Conroe/Willis, TX

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.

Jan 19, 2016 08:32 PM
Fred Hafdelin
Weichert Realtors - Mountain Lakes, NJ

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.

Jan 19, 2016 08:31 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Lise. I'm not sure what difference it really makes, as long as contracts are being written.

Jan 19, 2016 04:49 PM
Joan Dickie
Keller Williams Premier Realty - La Crosse, WI
Keller Williams Premier Realty

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.

Jan 19, 2016 01:30 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

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.  

Jan 19, 2016 12:05 PM
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

Our office policy is to use the MAR contract. You must be showing  property in mid Md?

Jan 19, 2016 11:45 AM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Banks, REo sales or relo transaction often specify which contract but otherwise use one you prefer would be my recommendation

Jan 19, 2016 11:32 AM