Arizona REALTORS® Forms – Use and Misuse
Arizona Association of REALTORS® (“Arizona REALTORS®”) Standard Forms
Arizona REALTORS® maintains transaction forms produced by the Association that have been adopted for use by members statewide. We currently have nearly 80 forms with several additional forms in development.
The Arizona REALTORS® forms have been identified in the Arizona REALTORS® Strategic Plan as one of the Association’s most valuable assets. There are many benefits of Arizona REALTORS® standardized forms, such as:
- Uniformity of practice reduces disputes and ambiguity.
- Forms are updated as needed to assure members that the forms comply with state and federal law/regulations.
- Forms as an Arizona REALTORS® member benefit increases the value of being represented by a REALTOR®.
- Brokers do not need to review boilerplate language of each form during the 10-day review required by statute.
- Salespersons do not need to read each form’s boilerplate provisions when writing or reviewing an offer.
In 2004 Arizona REALTORS® members were given unlimited access to all Arizona REALTORS® forms through zipForm® software. Arizona REALTORS® ceased printing and selling printed forms in 2008 and offered the forms to its members as a member benefit through zipForm®. Currently, Arizona REALTORS® forms are provided as a free member benefit via TransactionDesk. The forms are also licensed to several forms providers such as zipForm, Skyslope, Dotloop, DocuSign, etc.
The importance of the Arizona REALTORS® forms, including their content, is reflected in Arizona REALTORS® Policy: “The Executive Committee or Board of Directors shall approve all form content and format, new or revised, prior to printing. Prior to substantive revision of any existing form being printed and sold, the revised form shall be circulated for comment from experts in the field, all local Boards, and any appropriate Institutes, Societies or Councils. New or revised forms shall be released on or about February 1, July 1, and November 1 unless law or regulation mandates earlier release.” (Arizona REALTORS® Policy Statements D.3)
Arizona REALTORS® Forms Copyright
Arizona REALTORS® registers and holds the valid copyright for each of Arizona REALTORS® forms. Thus, the Arizona REALTORS® has the exclusive right to modify and reproduce, and to authorize others to modify and reproduce the forms. The unauthorized use of the Arizona REALTORS® forms constitutes copyright infringement. The importance of protecting the Arizona REALTORS® copyright is also reflected in Arizona REALTORS® Policy: “Those who alter Arizona REALTORS® forms or sell or attempt to sell unauthorized copies of Arizona REALTORS®forms will be vigorously pursued for violation of copyright law.” (Policy D.4)
Each member must agree to the licensed forms provider’s Terms of Use Agreement before accessing the forms.
Frequently Asked Questions about the Arizona REALTORS® Forms
No. The Arizona REALTORS® forms are for Arizona REALTORS® member use only.
No. Members are authorized to use the forms only through Arizona REALTORS® licensed forms delivery providers. Downloading the forms into another program is not only a copyright violation, but a serious risk management concern. Forms downloaded into another program do not get updated when laws change. Arizona REALTORS®works diligently to ensure that only the most updated forms are available through the forms delivery provider.
No. Although alteration to boilerplate terms through notation in “Additional Terms & Conditions” is not prohibited, changing the boilerplate language is. Members rely on the boilerplate language for the reasons addressed previously and altering the boilerplate constitutes a copyright violation.
No, decrypting the Arizona REALTORS® forms for any reason is a prohibited copyright violation and a serious risk management concern.
No. To ensure that members are using only the most updated version of the Arizona REALTORS® forms, importing the forms into any other forms delivery system is prohibited.
Yes, the licensed forms providers customize the forms meaning they will have your name and brokerage on the forms when printed. Your computer should be protected by password and you should never share your password with another person.
No. To ensure that members are using only the most updated version of the Arizona REALTORS® forms, forms should not be posted to any website other than the Arizona REALTORS® website. Sample copies of the Arizona REALTORS® forms are available on the Arizona REALTORS® website. The sample forms are updated when the forms are updated. Members may link to the sample forms page on the Arizona REALTORS® website, but should not download or post the sample forms on their website. Linking to the sample forms page on the Arizona REALTORS® website ensures that only the most current forms are available for review.
In 2015, Arizona REALTORS® began licensing forms to third party providers. Arizona REALTORS® is focused on protecting its members by ensuring that any forms delivery provider complies with the safeguards currently in place such as:
- Forms delivery provider will implement an ongoing authorization system (name and M1 number) to ensure members only access.
- All forms must be protected from modification of the boilerplate.
- Forms delivery provider will be responsible for monitoring the status of any forms revision and shall update program with each form revision promptly.
- Forms delivery provider will ensure that only approved forms are in fillable format.
- Forms delivery provider will provide timely and effective technical support to members.
- Arizona REALTORS® copyright must be acknowledged and protected.
For Additional Information
If you have any additional questions regarding the use of the Arizona REALTORS® forms, please contact Jan Steward at Jansteward@aaronline.com.