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2011
IAR
Forms
Changes





                          1

2011
IAR
Forms
Changes



Changes
to
the
2011
forms
are
indicated
by
red
type
or

                       a
red
box.





                                                    2

Purchase
Agreement

                 (Improved
Property)





Ra@onale:


Avoid
problems
with
misinterpre@ng
the
numeric
amount
by

having
both
numeric
and
wriDen
amounts
on
price
line.




                                                            3

Purchase
Agreement

                             (Improved
Property)
                                               





This
same
change
will
also
occur
on
lines
108,
216
and
218
of
the
Purchase

Agreement
where
similar
language
is
used.



Ra@onale:

To
make
it
clear
who
pays
once
the
allowance,
if
any,
is
used
up.


                                                                              4

Purchase
Agreement

                              (Improved
Property)
                                                

                                      Line
79





Ra@onale:

To
clarify
for
seller
if
there
is
a
pending
sale
con@ngency
(not
a

first
right
con@ngency).
                                                                      5

Purchase
Agreement

                          (Improved
Property)
                                            



              Line
87:

Change
to
:
“within
____days

                  beginning
the
day
aQer
closing

                   by___a.m.___p.m.___noon”     



Ra@onale:


To
avoid
any
confusion
over
when
to
start
coun@ng
days
for
possession
and

to
specify
exact
@me
possession
must
be
given.



                                                                             6

Purchase
Agreement

                     (Improved
Property)
                                       





Ra@onale:

To
make
consistent
the
defini@on
of
DEFECT
as
defined
by
law.


                                                               7

Purchase
Agreement

                       (Improved
Property)
                                         





Ra@onale:

To
clarify
the
associa@on
being
referred
to
in
the
body
of
the
paragraph
and

because
new
fees
being
charged
by
these
associa@ons
need
to
be

addressed
as
they
have
become
substan@al
costs.

                                                                                8

Lis@ng
Contract 

                      (Exclusive
Right
To
Sell)
                                              





Ra@onale:


To
acknowledge
the
NAR
change
in
the
Code
of
Ethics
which
prohibits

members
from
par@cipa@ng
in
discrimina@on
based
on
sexual
orienta@on.


                                                                         9

Amendment
To
Lis@ng
Contract
                                         

                       (Exclusive
Right
to
Sell)
                                               





Ra@onale:


To
be
consistent
with
the
language
in
the
lis@ng
agreement.



                                                               10

FSBO/Builder
Compensa@on
Agreement
                                              





Ra@onale:


To
provide
the
addi@onal
remedy
of
aDorney’s
fees
for
either
party.



                                                                       11

New
Forms
for
2011*

                {*These
new
forms
are
op@onal,
not
mandatory.}
                                                             



              • Licensee’s
Disclosure
of
Interest

                                                 

(to
help
in
disclosing
familial
rela@onship
with
buyer
or
financial

  interest
in
property
pursuant
to
Ar@cle
4
of
the
Code
of
Ethics

                        and
876
IAC
1‐1‐37).

             • 
Broker
Compensa@on
Agreement

                                            

 (to
establish
or
alter
co‐op
commission,
i.e.,
when
brokers
are

              not
members
of
the
same
MLS/BLC
).   

               •     M
                     
 ul@ple
Offer
No@fica@on

                                            

     (to
disclose
the
existence
of
mul@ple
offers
to
buyers).
                                                           

                     • Shared
Lis@ng
Agreement
                                             

            







(Addendum
to
Lis@ng
Contract)

                                                 

                                                           

    
(when
2
brokerages
agree
to
co‐list
the
same
property).

                                                                      12

13

14


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2011.forms.changes

  • 3. Purchase
Agreement
 (Improved
Property)
 Ra@onale:
 Avoid
problems
with
misinterpre@ng
the
numeric
amount
by
 having
both
numeric
and
wriDen
amounts
on
price
line.
 3

  • 4. Purchase
Agreement
 (Improved
Property) 
 This
same
change
will
also
occur
on
lines
108,
216
and
218
of
the
Purchase
 Agreement
where
similar
language
is
used.
 Ra@onale:
 To
make
it
clear
who
pays
once
the
allowance,
if
any,
is
used
up.
 4

  • 5. Purchase
Agreement
 (Improved
Property) 
 Line
79
 Ra@onale:
 To
clarify
for
seller
if
there
is
a
pending
sale
con@ngency
(not
a
 first
right
con@ngency). 5

  • 6. Purchase
Agreement
 (Improved
Property) 
 Line
87:

Change
to
:
“within
____days
 beginning
the
day
aQer
closing
 by___a.m.___p.m.___noon” 
 Ra@onale:
 To
avoid
any
confusion
over
when
to
start
coun@ng
days
for
possession
and
 to
specify
exact
@me
possession
must
be
given.
 6

  • 7. Purchase
Agreement
 (Improved
Property) 
 Ra@onale:
 To
make
consistent
the
defini@on
of
DEFECT
as
defined
by
law.
 7

  • 8. Purchase
Agreement
 (Improved
Property) 
 Ra@onale:
 To
clarify
the
associa@on
being
referred
to
in
the
body
of
the
paragraph
and
 because
new
fees
being
charged
by
these
associa@ons
need
to
be
 addressed
as
they
have
become
substan@al
costs.
 8

  • 9. Lis@ng
Contract 
 (Exclusive
Right
To
Sell) 
 Ra@onale:
 To
acknowledge
the
NAR
change
in
the
Code
of
Ethics
which
prohibits
 members
from
par@cipa@ng
in
discrimina@on
based
on
sexual
orienta@on.
 9

  • 10. Amendment
To
Lis@ng
Contract 
 (Exclusive
Right
to
Sell) 
 Ra@onale:
 To
be
consistent
with
the
language
in
the
lis@ng
agreement.
 10

  • 11. FSBO/Builder
Compensa@on
Agreement 
 Ra@onale:
 To
provide
the
addi@onal
remedy
of
aDorney’s
fees
for
either
party.
 11

  • 12. New
Forms
for
2011*
 {*These
new
forms
are
op@onal,
not
mandatory.} 
 • Licensee’s
Disclosure
of
Interest
 
 (to
help
in
disclosing
familial
rela@onship
with
buyer
or
financial
 interest
in
property
pursuant
to
Ar@cle
4
of
the
Code
of
Ethics
 and
876
IAC
1‐1‐37).
 • 
Broker
Compensa@on
Agreement
 
 (to
establish
or
alter
co‐op
commission,
i.e.,
when
brokers
are
 not
members
of
the
same
MLS/BLC
). 
 •  M 
 ul@ple
Offer
No@fica@on
 
 (to
disclose
the
existence
of
mul@ple
offers
to
buyers). 
 • Shared
Lis@ng
Agreement 
 







(Addendum
to
Lis@ng
Contract)
 
 
 
(when
2
brokerages
agree
to
co‐list
the
same
property).
 12

  • 13. 13

  • 14. 14