Cooperating broker wants me to use different contract or forms [non-CAR forms]

Cooperating Broker forms [non-CAR forms]

1. E & O Insurance generally requires the use of CAR forms only.
   1. There are a few exceptions including using PRDS contract forms [San Francisco Peninsula transactions] and San Francisco contract forms.
   2. Other forms may or may not be acceptable.
2. You may receive non-CAR forms developed by the cooperating Broker. This may include: AS-IS Addendum, Square Foot Advisory, HOA Advisory, FIRPTA Notice, etc.
   1. The RPA already has a “As-Is” clause stating that: the Property is sold (a) “AS-IS” in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer’s Investigation rights;
   2. An As-Is Addendum is therefore unnecessary.
   3. Other forms may or may not be acceptable to use.
3. Always check with Contract Support Manager or Compliance Manager if you receive any non-CAR forms BEFORE you have the Buyer sign them.
4. Some forms may be acceptable for Buyer to sign, but others may contain language that could limit Buyer’s rights which is not acceptable.
   1. For instance, some AS-IS Addenda contain a “Hold-Harmless” agreement in the form.