Real Estate · State Contract Requirements

What is the general rule about a licensee preparing legal documents or giving legal advice?

Correct answer

Licensees may complete standard, approved transaction forms but generally may not draft custom legal documents or give legal advice, which would be the unauthorized practice of law

  1. A Licensees may draft any legal document
  2. B Licensees may complete standard, approved transaction forms but generally may not draft custom legal documents or give legal advice, which would be the unauthorized practice of law
  3. C Licensees must always act as the parties' attorney
  4. D Only brokers may give legal advice

Why this is the answer

Real estate licensees are generally permitted to fill in the blanks on standardized, state-approved or commonly used forms (such as a purchase agreement) as part of a transaction, but they must not draft custom contract provisions, prepare deeds or other legal instruments, or give legal advice — those activities constitute the unauthorized practice of law and should be referred to an attorney. The line between completing a form and practicing law can be nuanced and varies by state, but the safe rule is that licensees handle standard forms and recommend that clients consult a lawyer for legal questions or custom drafting. This boundary is a recurring state-portion topic.
Source: Real Estate State Portion, Unauthorized Practice of Law

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