Question: We signed the AAR Purchase Contract to buy a lovely Tempe home close to Arizona State University where my husband will be working. Every time we ask our real estate agent a question about something in the AAR Purchase Contract, however, he doesn’t answer specifically, and says that we should talk to a lawyer to answer any of our questions. He even showed us line 433 of the AAR Purchase Contract that says that he is not qualified to give legal advice. If our real estate agent is getting a real estate commission from our money at close of escrow, shouldn’t our real estate agent be more helpful by answering questions about the AAR Purchase Contract, rather than telling us to pay for a lawyer?
Answer: In Arizona only lawyers historically could draft, or fill out, any real estate documents, including a contract to purchase a home. In the early 1960s, however, there was a referendum promoted by the real estate industry to allow real estate agents to be able to draft, or fill out, real estate documents. Although there was strong opposition from the State Bar of Arizona, this referendum passed almost four to one, and is now Article 26 of the Arizona Constitution. Therefore, your real estate agent should be able to answer your questions about the AAR Purchase Contract, despite line 433 of the AAR Purchase Contract. You should not have to pay a lawyer to answer those questions.