Disclosure of Agency Relationships in Non-GAR Contract Forms

In most contract situations, disclosure of agency, the type of representation and
license numbers is pretty straight forward. The GAR Purchase and Sale Agreement
includes disclosures in the Agency and Brokerage section and the signature block
includes spaces to complete with the RMAA Firm License number and your personal
license number. So long as the sections are completed correctly, you are golden.

​However, we are often forced to use non-GAR lease agreements and builder
developer sales contracts that are not GAR based. In some cases, RMAA is not even
included in the contract, even though we are acknowledged as the selling agent and
we have a client relationship with the buyer or tenant. To be compliant with GREC and
license laws and to protect yourself, make sure that RE/MAX Around Atlanta is
included as the agency (whether RMAA is representing the party as a client or working
with the party as a customer) and include the RMAA firm license (H-53737) and your
personal license. The key is full disclosure to both parties. If all of the required
elements are not included, the review will be asking for the paperwork to be corrected.

GAR Forms to the rescue.

•  If the non-GAR based transaction form is a lease, include GAR F143 AGENCY EXHIBIT (OWNER/LANDLORD AND TENANT) as an exhibit and you’ll be covered.
•  If the non-GAR based transaction form is a sale, use GAR F119 AGENCY EXHIBIT (BUYERS AND SELLERS) as an exhibit and you’ll be covered.
•  If the sale or lease has already been fully executed when omissions are discovered, you can add the exhibit using an amendment to the sale or lease.

Missing License Number Can Be Added
Builder/developer contracts often omit one or both of the license numbers, even if they
include RMAA as the agency. Watch for both numbers! So long as you catch it before
the contract is fully executed, you can write the missing information into the signature
block area even if there is not a space for it.