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Home > Archive > Real Estate Investing > September 2006 > Can Private party legally use MLS purchase and sales agreements?
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Can Private party legally use MLS purchase and sales agreements?
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| handyalex1@yahoo.com 2006-08-23, 9:25 am |
| I live in Washington state and need some purchase and sales agreement
forms to write an offer on for a three unit apartment building. I have
some of the forms that the local MLS uses, however they are copyrighted
and have many references to buying/selling brokers. If I use these
forms are they legally binding if I don't get permission to use them?
Has anyone ever been charged or fined for using this type of form with
out permission? Can I just cross out any references to brokers? Anyone
know where I can get some Washington state forms that aren't from the
MLS and are free?
Thanks for the help.
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| Nietzsche 2006-08-24, 8:25 pm |
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handyalex1@yahoo.com wrote:
> I live in Washington state and need some purchase and sales agreement
> forms to write an offer on for a three unit apartment building. I have
> some of the forms that the local MLS uses, however they are copyrighted
> and have many references to buying/selling brokers. If I use these
> forms are they legally binding if I don't get permission to use them?
> Has anyone ever been charged or fined for using this type of form with
> out permission? Can I just cross out any references to brokers? Anyone
> know where I can get some Washington state forms that aren't from the
> MLS and are free?
>
> Thanks for the help.
The copyright holders can sue you if they find out.
I assume the forms represent a 'contract' and a court is not likely to
void a contract just because it's written on a copyrighted forms.
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handyalex1@yahoo.com wrote:
> I live in Washington state and need some purchase and sales agreement
> forms to write an offer on for a three unit apartment building. I have
> some of the forms that the local MLS uses, however they are copyrighted
> and have many references to buying/selling brokers. If I use these
> forms are they legally binding if I don't get permission to use them?
> Has anyone ever been charged or fined for using this type of form with
> out permission? Can I just cross out any references to brokers? Anyone
> know where I can get some Washington state forms that aren't from the
> MLS and are free?
>
> Thanks for the help.
Even if you could, I wouldn't suggest using them. Whatever you have
your buyer sign is legally binding, and unless you are familar with
real estate law in your state, you could be doing this at your peril.
There are several legal forms sites on the web, but I could not find a
free resource (a free WA purchase and sales agreement template isn't
your solution).
I believe your best almost free resource is a real estate attorney.
Before you say it will cost me big $$$$, let me explain.
When you eventually sell your property, you will need a title attorney
to ensure to the lender that the deed is free and clear. I suggest
that you approach a real estate attorney now and promise to give him
the title insurance business when you sell your house in exchange for
the appropriate purchase and sales agreement format (that's the free
part) and further guidance on the sale of your home if needed (that's
the fee part).
Good luck and check out this link if you are selling your property on
your own; http://webpages.charter.net/smiller/html/fsbo.html.
Regards,
H. Scott Miller
National Commercial and Residential Lender/Broker
Carteret Mortgage
TOLL FREE PHONE#: 1.877.716.6495 ext. 5
TOLL FREE FAX#: 1.877.578.2041
EMAIL: hugh.miller@carteretmortgage.com or EZMortgageLoanz@aol.com
Real Estate Help Desk (www.RealEstate-IQ.com)
Automated Loan Assistant (www.EZMortgageLoanz.com)
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handyalex1@yahoo.com wrote:
> I live in Washington state and need some purchase and sales agreement
> forms to write an offer on for a three unit apartment building. I have
> some of the forms that the local MLS uses, however they are copyrighted
> and have many references to buying/selling brokers. If I use these
> forms are they legally binding if I don't get permission to use them?
> Has anyone ever been charged or fined for using this type of form with
> out permission? Can I just cross out any references to brokers? Anyone
> know where I can get some Washington state forms that aren't from the
> MLS and are free?
>
> Thanks for the help.
The form is just a contract to purchase which you're not going to
record in the public records. In other words, don't worry about it,
use it.
They are definitely legally binding whether you get permission to use
them or not.
Yes, you can cross out any language that is not germain. These forms
are geared for your area and everyone in the title industry, courts,
etc, are used to them. Bringing in a strange form from some software
or some form book may cause problems.
Having said all this, I recommend using an attorney. They wouldn't
charge much for a contract to purchase and you'll sleep better.
MD
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| On Wed, 23 Aug 2006 09:41:24 -0400, handyalex1@yahoo.com wrote:
>I live in Washington state and need some purchase and sales agreement
>forms to write an offer on for a three unit apartment building. I have
>some of the forms that the local MLS uses, however they are copyrighted
>and have many references to buying/selling brokers. If I use these
>forms are they legally binding if I don't get permission to use them?
>Has anyone ever been charged or fined for using this type of form with
>out permission? Can I just cross out any references to brokers? Anyone
>know where I can get some Washington state forms that aren't from the
>MLS and are free?
I guess you could copy the forms using MS Word or such and change the
language around a little, crossing out a phrase here, inserting a
phrase there, saying the same thing in slightly different words and
then print it out. That's the way college students go about it writing
their term papers all the time and usually get away with it!
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