Agency and Arizona’s 26th Amendment
I. Arizona’s 26th Amendment
Any person holding a valid license as a real estate broker or a real estate salesman
regularly issued by the Arizona State Real Estate Department when acting in such
capacity as broker or salesman for the parties, or agent for one of the parties to a sale,
exchange, or trade, or the renting and leasing of property, shall have the right to draft or
fill out and complete, without charge, any and all instruments incident thereto
including, but not limited to, preliminary purchase agreements and earnest money
receipts, deeds, mortgages, leases, assignments, releases, contracts for sale of realty,
and bills of sale
_____________________________________________________30 min
II. What “without charge” means
1. Contracts
2. Leases
_____________________________________________________30 min
III. Representation
1. Customer – non-client
2. Client – implied and expressed
3. Dual Agency – required consent prior to representing both clients
_____________________________________________________30 min
IV. Disclosure
1. Seller and agent responsibilities
2. Buyer and agent responsibilities
3. Dual Agency consent requirements. Not one party’s interest above the other
_____________________________________________________60 min