FACTS: An Arizona REALTOR® is listing a property for sale. A potential buyer wishes to write an offer, but they are not represented by a REALTOR®. Rather, they are represented by a non-REALTOR® real estate licensee who is serviced by the Phoenix Association of REALTORS®.

ISSUE: Can the REALTOR® provide a blank Arizona REALTORS® Residential Purchase Contract to the non-REALTOR® so that she can write an offer on behalf of her clients.

ANSWER: No.

DISCUSSION:

The first thing the REALTOR® should know is that by providing blank copies of Arizona REALTOR® forms to a non-REALTOR®, the REALTOR® is violating federal copyright law. This is the case regardless of whether the recipient of the blank form is a non-REALTOR® real estate licensee serviced by the Phoenix Association of REALTORS®.

Arizona REALTORS® standard real estate forms are federally registered with the United States Copyright Office and protected under federal copyright laws. As a result, Arizona REALTORS® holds the copyright and exclusive right to all Arizona REALTOR® branded forms. Arizona REALTORS® grants members an individual license to use Arizona REALTOR® forms in connection with their real estate transactions. However, members are strictly prohibited from reproducing or distributing blank forms without Arizona REALTORS® permission.

If you have a cross-transaction with a non-REALTOR® who is utilizing a standard transaction form generated by the Arizona REALTORS®, please immediately notify Arizona REALTORS® General Counsel Aaron Green at aarongreen@aaronline.com.

Click here to read more about protecting the value of Arizona REALTORS® forms. Arizona REALTORS® therefore a for more information on the importance of Arizona REALTORS® and; click here for information about the Use and Misuse and Frequently Asked Questions about the Arizona REALTORS® Forms.