§10.6 - Who May Prepare
| Jurisdiction | Washington |
§10.6 WHO MAY PREPARE
This section discusses the authority of lawyers and nonlawyers to prepare REPSAs under Washington law.
(1) Brokers
Generally REPSAs are prepared by a broker or salesperson, which is not considered to be the unauthorized practice of law. Cultum v. Heritage House Realtors, Inc., 103 Wn.2d 623, 694 P.2d 630 (1985). However, in completing a preprinted form that has been approved by an attorney, the broker is held to the standard of care demanded of an attorney. Id. An agent may be engaged in the unlawful practice of law if the agent prepares special clauses for insertion in legal blanks to satisfy special situations or explains...
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