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Broker Only Drafts Form 21- Is Broker Engaged in Authorized Practicing of Law?

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Washington REALTORS

Annie's Mailbag: Legal Hotline Letters
Episode 18


The Question:

A Broker has a friend who owns Property.
The Broker considered buying the Property from the friend.
The Broker decided not to purchase, but the friend said that he may consider putting the Property on the market in the future.
A couple of weeks later the friend had a family member who wanted to purchase the Property & asked the Broker to fill out the paperwork for them.
Since the Broker is not providing real estate services, could the Broker be accused of Practicing Law?
...or if the Form 21 (the Purchase and Sale Agreement) indicates the Broker represents both the Buyer and the Seller, would that cover the Broker?
Would simply filling out the forms and indicating the Agency Relationship on the Form 21 be enough to establish the Practice of Real Estate?

Watch Annie's Mailbag to find out the answer after discussing the question in your office.

Please note that the Statewide Forms, Washington law and regulations, industry practices, and other variables affecting legal education and information change from time to time and may have changed since this video was published. If you are a member of the Washington REALTORS, you are encouraged to visit the Legal Hotline Q&A database at warealtor.org or email [email protected] to confirm the accuracy of the information conveyed in this video. IF you are not a member, you are encouraged to confirm accuracy with your lawyer. This video does not constitute legal counsel. Always check with your managing/designated broker for your firm’s practices. The Legal Hotline is a Washington REALTOR® Member only benefit. These videos are intended for Washington REALTOR® members. If you have questions and are a primary member in good standing with Washington REALTORS®, visit www.warealtor.org to contact the Legal Hotline Lawyer. You will need your NRDS ID and password to inquire with the Legal Hotline or search the database. This video does not constitute legal counsel. Always check with your managing/designated broker for your firm’s practices.

posted by saturno18