2014 IAR Commercial Forms Changes 2013 Residential Forms Changes

2013 Residential Forms Changes
2014 IAR Commercial
Forms Changes
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
The following 2014 Legal Forms were revised:
Purchase Agreement
Listing Contract
- Exclusive Right To Sell, Form #F04SELL
- Exclusive Right To Lease, Form #F04LSE
- Exclusive Right To Sell or Lease, Form #F04
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
The following 2014 Legal Forms are new:
Exclusive Tenant Representation
Exclusive Tenant Representation (With Tenant Payment)
Purchase Agreement Commercial – Industrial Real Estate
(Land Only)
Registration and Commission Agreement
Amendment to Listing Contract Commercial-Industrial Real
Estate
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Line 23-24
Rationale:
Clearly spells out when Buyer must submit earnest money. Gives the
Seller a clear remedy for Buyer’s failure to submit earnest money.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Line 23-24
Rationale:
Added to incorporate the Earnest Money release procedure found in
Indiana license law and made consistent with IAR residential forms.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Line 29
Rationale:
Moved “Additional Provisions” section to paragraph R and renamed it
“Further Conditions.” Better location and made consistent with IAR
residential forms.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Line 43
Rationale:
To clarify that all conditions must be met – not just those previously
labeled due diligence.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Line 80
Rationale:
Deleted “Due Diligence” and replaced with “Inspection Period” to
include other contingencies as well.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Line 149-160
Rationale:
So the parties can decide which party will pay for each item.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Line 159
Rationale:
To include other agreed-to provisions elsewhere in the Agreement.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Line 159
Rationale:
To be in accordance with the Good Funds law.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Sell, Form #F04SELL
Line 15
Rationale:
Changed “midnight” to “11:59 p.m.” so there will be no
misunderstanding of which day.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Sell, Form #F04SELL
Line 49-50
Rationale:
Changed “negotiations” to “communications” to protect commission
for broker who worked with a client but may not have gone as far as
contract negotiations. Added verbiage to include entity as a Buyer —
not just individuals.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Sell, Form #F04SELL
Line 188
Rationale:
Added NAR Code of Ethics details to include this new protection
against discrimination.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Lease, Form #F04LSE
Line 15
Rationale:
Changed “midnight” to “11:59 p.m.” so there will be no
misunderstanding of which day.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Lease, Form #F04LSE
Line 28
Rationale:
To protect broker commission in case tenant relocates or expands in
the same building. Added “(See last page)” to refer to an example of
the commission agreement.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Lease, Form #F04LSE
Line 44-45
Rationale:
Changed “negotiations” to “communications” to protect commission for
broker who worked with a client but may not have gone as far as
contract negotiations. Added verbiage to include entity as a buyer –
not just individuals.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Lease, Form #F04LSE
Line 187
Rationale:
Added NAR Code of Ethics details to include this new protection
against discrimination.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Lease, Form #F04LSE
Line 234
Rationale:
Added to clarify the commission agreement.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Sell or Lease, Form #F04
Line 15
Rationale:
Changed “midnight” to “11:59 p.m.” so there will be no
misunderstanding of which day.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Sell or Lease, Form #F04
Line 33-38
Rationale:
Added verbiage to protect broker commission in case tenant relocates
or expands in the same building. Added “(See last page)” to refer to an
example of the commission agreement.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Sell or Lease, Form #F04
Line 58-59
Rationale:
Changed “negotiations” to “communications” to protect commission for
broker who worked with a client but may not have gone as far as
contract negotiations. Added verbiage to include entity as a buyer –
not just individuals.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Sell or Lease, Form #F04
Line 221
Rationale:
Added NAR Code of Ethics details to include this new protection
against discrimination.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Exclusive Right To Sell or Lease, Form #F04
Line 15
Rationale:
Added to clarify the commission agreement.
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
New Legal Form: F48
Exclusive Tenant
Representation
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
New Legal Form: F49
Exclusive Tenant
Representation
(With Tenant
Payment)
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
New Legal Form: F50
Purchase Agreement
CommercialIndustrial Real Estate
(Land Only)
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
New Legal Form: F51
Registration and
Commission
Agreement
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
New Legal Form: F52A-D
Amendment to
Listing Contract
CommercialIndustrial Real Estate
2014 Commercial
Forms
Changes
2013
Residential Forms
Changes
Special thanks must be extended to the IAR Commercial Forms CommiBee. This volunteer group provides the most current updates to these forms. These changes and new forms will be available to members in January, 2014. Ques%ons on these changes may be directed to the IAR Legal Hotline. The IAR Legal Hotline is available to principal and managing broker members, and their designated agents, statewide. IAR Legal Hotline: 1.800.444.5472
toll free Indiana 1.317.913.3254 local 1.317.842.8494 fax [email protected]