The biggest reason that a realtor wants to use their State Association of Realtors contracts is because they cannot get paid by their broker if the file is not “compliant”. Brokers consider a file compliant when they are using forms approved by their State Association of Realtors. There is no law that forces them to use these forms. It is just as an added layer of protection to protect the agent and the broker in the event of a lawsuit. This does not mean that these forms cannot be altered or amended per the direction of the seller and buyer. It is 100% legal to ask the agent to make changes to the contract, make redactions, or add addenda that you want to use to their state form. You may get some pushback, and if you can logically explain why you want your specific language or forms to be added to the contract, the agent will most likely agree. Remember, the agent just wants to get paid and make sure that their file is compliant. No one is saying not to use their forms, you're just suggesting that they be modified. Being successful in this business isn't about making it a lose-win, or a win-lose. Good negotiators know how to make everyone feel like they are walking away from the negotiating table as if it was a win-win.

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