Evening star., 1935-06-15
REALTORS URGE
BROADER LAWS
Right to Draw Up Certain
Legal Papers in Deals
Is Sought.

Position taken by the National AS
sociation of Real Estate Boards as
to the realtors right to draw up deeds,
contracts of sale and other legal
papers, preparation Of which is an in
tegral part Of ordinary real estate
transactions, is defined in formal
resolution adopted by the Board OF
Directors Of the association at its
regular quarterly meeting just closed
at Detroit, Mich.
The association suggests provision
be made in the real estate license
laws of every State specifically to list
this and similar ordinary functions
as permitted to qualified real estate
licensees.
The directors action followed q re-
port made by the associations Special
Committee on Use of Forms and Con-
tracts in Real Estate Transactions.
The report was presented by Alfred
H. Wagg of Palm Beach, Fla, chair
man.
Text of Statement.
The statement made by the Board
of Directors, adopted by unanimous
vote, is in full text as follows:
I'VE hold that real estate brokers
should be explicitly permitted by law
to draw such papers as are and have
been considered integral parts of real
estate transactions. To accomplish
this it is necessary:
Il. To enact license laws in States
not having them, which set up quail
fications of real estate brokers, thus
precluding the possibility of unquali-
fed brokers attempting to draw such
papers.
20. Specifically provide in all
license laws that real estate brokers
may prepare, incidental to their trans
actions: Leases, deeds, sales con-
tracts (both conditional and outright
sales); earnest money receipts; ap-
plications for loans; mortgages; COM
mission agreements; notices to Vacate.
And that brokers may appear in their
own behalf or in behalf of clients be-
fore tax appeal bodies, zoning COM
missions and similar quasi-judicial
bodies.
We recognize that real estate
brokers should not draw wills. ex-
anime titles, prepare abstracts OF
title, prepare trust agreements, bring
suits for possession mot to be con-
fused with notices to vacate) nor give
legal advice.
Would Curb Attorneys.
I'VE hold that attorneys should
cease from giving advice on business
aspects of real estate transactions
and real estate investments, accept
ing (and/or demanding) division OF
commissions in real estate trans
actions, accepting and/or soliciting
fees as real estate brokers, having ex-
emption from existing real estate
brokers license law provisions.
Bills, advocated by lawyers, which
would have compelled the employ
ment of legal counsel for the draw
ing of every lease, deed, contract Of
sale or other legal paper used in an
ordinary real estate transaction, in
troduced in the Legislatures Of New
York, Pennsylvania, New Jersey, In
diana, Michigan and other States at
current sessions, have been defeated
The National Association points out
that such measures would not only
add unnecessarily to the cost of home
ownership and ordinary business
transactions, but would also mitigate
against the protection of the public
set-up through the careful study
made by real estate boards as to what
is essential and sound in real estate
agreements of various types, study
which in recent years has led to the
development of standard forms for
many types of such agreements.
The Board Of Directors of the as
sociation discussed and approved a
detailed report made by Walter S.
Schmidt, Cincinnati, president Of the
association, on suggestions which
the association Is making through
President Schmidt concerning Fed
eral and private activities in the field
Of real estate and housing.
The proposals have been discussed
with various officials OF the Federal
Government.