When is a licensed sales agent allowed to utilize a custom contract?

A licensed sales agent is allowed to utilize a custom contract when the seller is writing up his or her own contract. This situation often arises when the seller has a specific agreement in mind or believes that the standard forms may not adequately address their unique needs or terms of the sale. In such cases, the seller is empowered to leverage their own document, and the agent may assist in the process as long as they ensure compliance with applicable laws and regulations.

The use of custom contracts can be sensitive, as they might not provide the same level of protection or clarity that promulgated forms do. However, if a seller is proactive in drafting their own contract, they can work collaboratively with the agent to ensure that the custom terms are accurately represented and legally binding. This collaboration is essential to navigate any legal implications and to ensure that the custom contract meets the requirements of the transaction.

In contrast, the other scenarios presented do not provide a valid basis for a licensed sales agent to utilize a custom contract. For instance, the availability of a client's attorney does not automatically permit the use of a custom contract unless the seller decides to pursue that course of action independently. Similarly, the price of the property or the condition of TREC forms does not inherently justify deviating from standard contracts