Consumer and Licensee Contract Forms
RF 1.1 (A) Exclusive Right to Sell Property Listing Agreement
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- To be used when a seller(s) wants a real estate broker to list the seller’s residential property as an agent. The agreement creates a fiduciary relationship between the broker/agent and the seller(s). In general, the agreement contains spaces to input information about the property and the seller’s desires for its sale, both the seller’s and the broker/agent’s duties under the agreement, the broker’s agreed-upon compensation, and optional authorizations for offer(s) to the buyer and/or buyer’s broker.
RF 1.1 (B) Exclusive Right to Sell Lot-Land Listing Agreement
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- To be used when a seller(s) wants a real estate broker to list the seller’s lot-land property as an agent. The agreement creates a fiduciary relationship between the broker/agent and the seller(s). In general, the agreement contains spaces to input information about the property and the seller’s desires for its sale, both the seller’s and the broker/agent’s duties under the agreement, the broker’s agreed-upon compensation, and optional authorizations for offer(s) to the buyer and/or buyer’s broker.
RF 1.1 (C) Seller Authorization Addendum
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- To be used to document a seller’s authorization for a seller concession or for the seller’s broker to offer compensation to the buyer’s broker. This authorization is also contained in AAR’s Listing Agreements and Transaction Brokerage Agreement. This form should be used 1) if you are using a non-AAR Listing Agreement or Transaction Brokerage Agreement that does not contain this information; 2) if the seller changes his/her authorization(s) prior to a binding contract being created with the buyer/buyer’s broker; or 3) if the seller is making authorizations on a case-by-case basis (see non-discrimination paragraph).
RF 1.2 Buyer Agency Agreement
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- To be used when a buyer(s) wants a real estate broker to assist the buyer in locating a property as an agent. The agreement creates a fiduciary relationship between the broker/agent and the buyer(s). In general, the agreement contains spaces to input information about the buyer’s desires, advisory information for the buyer about purchase agreements, both the buyer’s and broker/agent’s duties under the agreement, and the broker’s agreed-upon compensation.
RF 1.3 (A) Transaction Brokerage Agreement for Sellers (NEW)
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- To be used when a seller(s) wants a real estate broker to list the seller’s property with the limited services of a transaction broker, rather than as an agent. The broker does not have a fiduciary relationship with the consumer. In general, the agreement contains spaces to input information about the property and the seller’s desires, both the seller’s and the broker/other licensee’s duties under the agreement, the broker’s compensation, and optional authorizations for offer(s) to the buyer and/or buyer’s broker.
RF 1.3 (B) Transaction Brokerage Agreement for Buyers (NEW)
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- To be used when a buyer(s) wants to hire a real estate licensee with the limited services of a transaction broker, rather than as an agent. The licensee does not have a fiduciary relationship with the consumer. In general, the agreement contains spaces to input information about the buyer’s desires, information relating to purchase agreements for the buyer, both the buyer’s and broker/ other licensee’s duties under the agreement, the broker’s compensation.
RF 1.4 Limited Consensual Dual Agency
- To be used when two agents who work for the same real estate company separately represent the buyer and the seller. NOTE: This form should never be used for one agent to represent both the buyer and the seller, due to the inherently high conflict of interest resulting from and risk associated with that representation.
RF 1.5 Property Management Agreement
- To be used when an owner of a residence wishes a real estate licensee to manage the leasing of the residence. This can be limited or include a wide variety of tasks from finding renters to representing the owner for everything related to the property. This is not a power of attorney, allowing the licensee to sign on the owner’s behalf.
RF 1.6 Referral Agreement
- To be used when a real estate licensee refers to another real estate licensee a consumer looking to sell, purchase or rent real estate in the state of Alabama.
RF 1.7 Independent Contractor Agreement
- To be used when establishing an independent contractor relationship between a qualifying broker/ brokerage and a licensee.
RF 1.8 Compensation Agreement Between Alabama Brokers
- To be used to create a binding agreement that the seller’s broker will compensate the buyer’s broker, if the seller has authorized the seller’s broker to do so in writing.
RF 1.9 Addendum to Consumer Agreement (NEW)
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- To be used if the consumer and broker mutually agree to amend the terms of a listing agreement, buyer agency agreement, or transaction brokerage agreement.
Residential/Land Purchase Forms
RF 2.1 (A) Residential Purchase Agreement
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- To be used when a buyer wishes to make an offer to purchase a home. Contains most of the provisions a buyer and seller will need, but addendums such as a personal property conveyance agreement or FHA/VA information may be needed in some transactions.
RF 2.1 (B) Lot-Land Purchase Agreement
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- To be used when a buyer wishes to make an offer to purchase lot-land. Contains most of the provisions a buyer and seller will need, but addendums such as a personal property conveyance agreement or FHA/VA information may be needed in some transactions.
RF 2.2 (A) FHA/VA Addendum to Purchase Agreement
- These are government-required provisions to be added when buyer makes a home purchase using an FHA or VA loan. Provisions include what services or fees cannot be charged to buyer, what happens if purchase price exceeds appraised value, and a certification made by the listing and selling agents.
RF 2.2 (B) Purchase Price Escalation Addendum for Residential Purchase Agreement
- To be used in conjunction with a Residential Purchase Agreement at buyer’s request. The form allows buyer to establish tiered purchase price increases up to a maximum amount if a third-party, unrelated to seller, makes a higher offer than buyer on the property. NOTE: This form does not bind the seller to accept buyer’s offer, even if higher.
RF 2.2 (C) Inspection Addendum for Residential Purchase Agreement
- To be used when a purchase agreement does not contain an inspection contingency, but the parties want one included.
RF 2.2 (D) Repair-Replace Agreement
- To be used when paragraph 9A, “With Inspection,” in the Alabama REALTORS® Purchase Agreement is checked. The agreement allows the sellers and buyers to agree or not agree on repairs or replacements resulting from the inspection, consistent with the language in the purchase agreement.
RF 2.2 (E) Community Association Disclosure Addendum
- To be used when a seller has indicated that their property is subject to a Homeowners/ Condominium/ Community Association, to disclose details of the association to any prospective buyer(s).
RF 2.2 (F) Addendum to Purchase Agreement
- To be used for small changes or additions to the Purchase Agreement, like an extension to the closing date.
RF 2.3 (A) Back-Up Offer Agreement Exhibit
- To be used when a seller signs a secondary or back-up purchase agreement to sell a property.
RF 2.4 Personal Property Conveyance Agreement
- To be used when the seller is transferring personal property to the buyer as part of a real estate transaction and the number of items do not fit on the purchase agreement.
RF 2.5 Counter-Offer to Purchase Agreement
- To be used when a buyer or seller wishes to make a counter-offer or offer different terms to purchase a residence or lot-land. The form should be used in conjunction with a purchase agreement. NOTE: All parties must sign the document for it to be legally binding.
RF 2.6 Optional Withdrawal of Offer
- To be used to withdraw an offer or counter-offer before it is accepted, legally terminating the offer and preventing an agreement from forming.
RF 2.7 Release and Cancellation of Residential Purchase Agreement
- To be used when the buyer and seller mutually agree to terminate a legally binding purchase agreement previously signed by the parties.
RF 2.8 Post-Closing Occupancy Agreement
- To be used when a seller and buyer agree that the seller can remain in the purchased home after closing. The form acts similar to a lease agreement between the seller and buyer but does not create a landlord/tenant relationship.
RF 2.9 Pre-Closing Occupancy Agreement
- To be used when a buyer and seller agree that a buyer can move into the property to be purchased prior to closing. The form acts similar to a lease agreement between the seller and buyer but does not create a landlord/tenant relationship.
RF 2.10 Personal Interest Disclosure
- To be used when a REALTOR® is involved in a transaction and has an ownership interest in the property. The form satisfies required disclosure by Alabama license law.
RF 2.11 Buyer's Estimated Closing Statements
- To be used by a licensee who procures a written offer from a buyer in a single-family residential transaction to give the buyer an approximate amount of costs the buyer is expected to have at closing, as required by Alabama license law. Called estimated closing statements in the law, the informal name is net sheet.
RF 2.12 Seller's Estimated Closing Statements
- To be used by a licensee who presents a written offer to a seller in a single-family residential transaction to give the seller an approximate amount of costs the seller is expected to have at closing. Called estimated closing statements in the law, the informal name is net sheet.
Lease Forms
RF 3.1 Residential Lease Agreement
- To be used to rent or lease a residence to a person or persons. Contains provisions related to amount of rent, what is and is not allowed, common spaces if any, who pays what, security deposit required, the start and end date of the lease, and termination, to name a few.
RF 3.2 (A) Animal Agreement Addendum to Residential Lease Agreement
- To be used with the Residential Lease Agreement when the landlord approves an animal to live in the rental unit. Includes a draft reasonable accommodation letter for tenants or prospective tenants.
RF 3.2 (B) Addendum to Residential Lease Agreement
- To be used for small changes to the Residential Lease Agreement, such as extending the term of the lease. Users should be cautioned that Alabama law expressly prohibits the unauthorized practice of law and that this form is only to be used for basic amendments.
Seller's Forms
RF 4.1 Multiple Offers Notification and Disclosure
- To be used by the seller to notify potential buyer(s) when multiple offers have been received but no agreement has been signed. Addendum explains seller’s procedures for moving forward. NOTE: This is not an escalation clause.
RF 4.2 First Right of Refusal Notification
- To be used by a seller when a person has a first right of refusal on the seller’s property. The form notifies the person with the first right of refusal of another offer on the seller’s property and gives the person the ability to either waive the right of refusal or purchase the property.
RF 4.3 Property Condition Disclosure Form
- To be used by a seller who determines that making a disclosure related to their property is in their best interest. This type of form is informally referred to as a seller’s disclosure.
Buyer's Forms
RF 5.1 Buyer Inspection Disclosure and Waiver
- To be used to document buyer’s agent’s recommendations to buyer to obtain inspections and to document what inspections buyer wants or does not want, releasing buyer’s real estate agent of liability.
RF 5.2 Buyer’s Acknowledgment Statement
- To be used by a buyer’s agent to explain different real estate terms to the buyer(s) and to have buyer(s) acknowledge that these terms were explained to the buyer(s).
RF 5.3 Buyer’s Term Waiver Acknowledgment
- To be used to protect agents when buyers want to waive or add certain language in an offer on residential real estate (e.g., waiving inspection, adding escalation clause). By signing the document, buyer(s) acknowledge that the addition or deletion of the language may increase the risk of future loss or harm, holding the buyer’s agent harmless for the decision and potential resulting issues.
Miscellaneous Licensee Form
MI 1.1 Notice of Exemption from Municipal Business License Tax
- To be used when a municipality or a third-party company on behalf of a municipality incorrectly seeks a business license fee or tax from a real estate company that does not have an office in that municipality.
Non-AAR Forms
HUD Home Inspection Form
- This is a HUD form to be signed by homebuyer, certifying that buyer understands the advantage of obtaining a home inspector but must obtain an inspection on his or her own.
RECAD Form
- To be used by a real estate licensee to explain to a consumer, whether buyer or seller or both, the types of agency relationships and associated services between a consumer and a real estate licensee. This form belongs to the Alabama Real Estate Commission (AREC), and satisfies the disclosure requirements set out in the Real Estate Consumers and Agency and Disclosure Act (RECAD).
Lead-Based Paint Disclosure Form for Lessors
- This is the EPA’s sample lead-based paint disclosure form satisfying the federal requirement for housing providers to give a tenant when the unit or home being rented is built before 1978.
Lead-Based Paint Disclosure Form for Sellers
- This is the EPA’s sample lead-based paint disclosure form satisfying the federal requirement for seller’s to give a buyer when the home being purchased is built before 1978.
Lead-Based Paint Pamphlet
- This is the EPA’s Lead-Based Paint Pamphlet that should be provided to potential buyers or lessees in addition to the disclosure form prior to entering into a purchase agreement or lease.