“Consistency is one of the biggest factors in leading to accomplishment and success.”
– Byron Pulsifer

Can you imagine the difficulty in practicing real estate if brokerages and agents each used their own Purchase Contract and ancillary forms, leaving agents to fight over which form will be used in a transaction? What about agents having to negotiate contractual documents with which they are unfamiliar or explain contractual provisions to their clients that they themselves have never seen before?

Fortunately, for decades, the Arizona REALTORS® has maintained transaction forms produced by the Association that have been adopted for use by members statewide. These forms, which can only be used by REALTORS®, have been used in countless transactions and have stood the test of time. In fact, provisions within Arizona REALTORS® forms have been expressly upheld and enforced by Arizona courts.

Furthermore, these forms are not simply drafted by an attorney in private practice who is not a real estate practitioner. These forms are instead drafted by many of the most experienced and knowledgeable REALTORS® in the state with assistance from legal counsel that is employed by the Arizona REALTORS®.

The Arizona REALTORS® currently maintains 70+ forms with several additional advisories.  These forms are identified in the Arizona REALTORS® Strategic Plan as one of the Association’s most valuable assets and, in fact, there are many benefits of statewide forms, such as:

1. Standardization:

• Consistency: Standard forms ensure that all parties are using the same documents with consistent terms and language, reducing confusion and miscommunication.
• Compliance: Forms are updated to reflect the latest legal requirements and industry practices, helping agents stay compliant with state laws and regulations.
• Broker Ease of Use: Brokers do not need to review boilerplate language of each form during their statutorily required review and do not have to approve a myriad of different forms, many of which they may not be familiar with.
• Agent Ease of Use: Agents do not need to read each form’s boilerplate provisions when writing or reviewing an offer and do not have to review a myriad of different forms, many of which they may not be familiar with.

2. Legal Protection:

• Minimized Risk: Standardized statewide forms are designed to be legally comprehensive, minimizing the risk of omissions or errors that could lead to legal disputes.
• Insurance Coverage: Some insurance policies that cover errors and omissions claims require the insured brokerage use standardized and established purchase contract forms or the policy provides more favorable coverage for their use.     
• Clear Terms: Arizona REALTORS® forms provide clear and legally vetted terms with which REALTORS® across the state are familiar and that cover all aspects of real estate transactions.

3. Efficiency:

• Time-Saving: REALTORS® can save time by using standardized statewide forms.
• Streamlined Transactions: Using the same set of forms across the state simplifies the transaction process, making it easier to close deals efficiently.

4. Training and Education:

• Easier Learning Curve: Agents can more easily learn the industry standard by using statewide forms, which are often covered in licensing courses and continuing education.
• Consistency in Training: Brokerages can provide consistent training to agents using these standard forms, improving overall professionalism and service quality.

5. Accessibility:

• Widely Available: Statewide forms are available to all REALTORS® in Arizona, ensuring that even smaller brokerages or independent agents have access to high-quality legal documents.
• Digital Tools Integration: Arizona REALTORS® forms are integrated into many different digital transaction management platforms, making it easier to fill, sign, and manage documents electronically, including TransactionDesk which is provided by the Association as a member benefit.

6. Reduced Disputes:

• Clear Expectations: Clear, standardized language helps set clear expectations for all parties, reducing the likelihood of misunderstandings and disputes.
• Precedent of Use: With widespread use, there is often a precedent in how certain clauses are interpreted, which can assist in resolving any disputes that do arise.
• Legal Precedent: Provisions within Arizona REALTORS® forms have been expressly upheld and enforced by Arizona courts.

The use of Arizona REALTORS® forms is not required, nor should it be. But the benefits of standardized statewide forms are undeniable as they provide a reliable framework that supports efficient, transparent, consistent, and legally sound real estate transactions.