Anonymous wrote:We are unrepresented. The seller has an agent.

So ask the agent for the forms.

Anonymous wrote:I submitted an offer on forms created by the attorney at the title company I planned to use.

The seller's Realtor at TTR Sothebys demanded that I submy my offer on the NVAR forms, but declined to provide me those forms. The Staff attorney at NVAR indicated they don't sell or make them available to non-members except in very limited circumstances. I suspect this unnecessary demand for contracts on specific, limited access forms is going to result in the next round of litigation against the real estate cartel.

+1. It's actually very problematic for the seller's agent to not provide the forms if that agent is a non-lawyer. Let's say you don't use the GCAAR (or NVAR) forms and draft your own contract. The seller's agent can't advise the seller about your contract because the agent can't give legal advice. So basically the seller's agent needs you to use the only forms that are pre-approved, and therefore they need to provide them.

I submitted an offer on forms created by the attorney at the title company I planned to use.

The seller's Realtor at TTR Sothebys demanded that I submy my offer on the NVAR forms, but declined to provide me those forms. The Staff attorney at NVAR indicated they don't sell or make them available to non-members except in very limited circumstances. I suspect this unnecessary demand for contracts on specific, limited access forms is going to result in the next round of litigation against the real estate cartel.

We are unrepresented. The seller has an agent.

Three options:

1. Ask seller's agent to provide them.
2. Ask the title/settlement company you intend to use to provide them.
3. Submit a term sheet with your offer and all contingencies, and indicate in that term sheet that you agree to use the GCAAR contract.

Does that mean you are going to submit it to the seller’s agent, or are you both unrepresented? If the former, the seller’s agent can provide them (and will likely fill them out for you); if the latter, you don’t need them, pay a real estate attorney 2-3k to formalize the transaction and then execute through a title company. Even if there is a sellers agent, you can also just use a “de novo” offer from your real estate attorney (no chase). If you read the gcaar forms, they are largely protecting the agents/brokers involved, not the buyer / seller.

I conducted an informal negotiation process without an agent and now I'm interested in writing up a formal offer. Is there a way to get reliable GCAAR forms without being a member of GCAAR?