A Warning on Forms

It isn't paranoia, if they're really after you...

Photo by Markus Spiske on Unsplash

I had a fairly long and significant conversation the other with a friend who is a very knowledgeable operator in the industry. As usual, anonymity is the rule in our secretive industry.

What we ended up discussing was important enough that I thought it worth a post. This entire topic may end up being nothing. Hence, paranoia.

On the other hand, it isn’t paranoia if they’re really after you. And the subject is one that is going unexamined by most of the people and institutions in the industry.

Let me put it this way: if you are a broker, the most obvious path to get sued in the next antitrust lawsuit is if you use a form from the state REALTOR association or from the MLS. Especially if said forms include some of the newer innovations like buyer representation/agency agreements, and any kind of commission-related form of any kind. And especially especially if you or anyone affiliated with you have any kind of a leadership role in the organization that created these forms.

Let me explain. This is going to get a bit tricky. As always, I am not your lawyer, this is edutainment, and you should talk to your legal counsel about anything real.