August 12th, 2019 at 2:09 pm
A. C.A.R.’s Modification of Listing, Buyer Representation or Other Agreement Between Principal and Broker (MT).
B. C.A.R.’s Amendment of Existing Terms (AEA).
C. C.A.R.’s Addendum (ADM).
D. BHHS’s Addendum.
Answer: Answer A is correct for revising agreements between a principal and broker. C.A.R. recently revised the MT form in June 2019 to accommodate revisions not just to listing agreements, but also buyer-broker agreements and any other agreement between a principal and a broker. However, Answer A is not the best answer for a CBC, which is an agreement between 2 brokers, not a principal and broker.
Answers B and C can be used to revise an agreement between 2 parties other than a seller and buyer (or landlord and tenant). However, the preprinted language has to be addressed somehow. For example, some agents will add a new signature line for the correct person above the boilerplate signature lines.
Answer D is the best answer. We have our own addendum in our BHHS library in zipForm that does not specify who the signers of the agreement will be. When all else fails, you can use our BHHS Addendum to revise an agreement between any 2 parties, such as a CBC between 2 brokers.
-Thank you to Matt McIntyre (Pasadena Office) for suggesting this week’s legal tip.
Copyright© 2019 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of August 12, 2019. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.
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