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Updated over 10 years ago, 06/17/2014

Account Closed
  • Real Estate Investor
  • Fort Worth, TX
0
Votes |
7
Posts

Legal question regarding contracts

Account Closed
  • Real Estate Investor
  • Fort Worth, TX
Posted

I have not done so, but I thought I would throw this out to see what the legal ramifications are. I read on here all the time about people asking for wording for rental agreements, pet agreements, painting agreements, notices etc.... I just thought to myself why not just use your state's real estate board contracts? Then I thought can you???

*So the question is can you use and legally stand behind a contract that isn't yours? 

*If a contract has wording on it like "for use by Georgia real estate agents only", can you use it and will it stand up in court even if you are not an agent in GA?

*What if someone erased the organizations statement on there, and all that was left was the document wording. Does that stand up in court? Can an organization patent/copy write a the specific wording in a contract, thus not allowing anyone to ever use that exact wording again?

I'm not asking how to skirt the law but more of starting a discussion on the exclusive use of specific wording. 

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,507
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

It is copyrighted, but it would still be enforceable. I've seen NAR go after anyone for using it though. They are approved for realtors to fill out so that they have an approved form, and won't be "practicing law". Usually, you can find third party licensing co.s though where you can pay a fee to use them. You can find other, state specific contracts that would be more landlord slanted though from local attorneys, apartment management associations, etc.