Chapter §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 to a buyer or seller the meaning or effect of documents that are drafted. In re Droker, 59 Wn.2d 707, 370 P.2d 242 (1962); Hogan v. Monroe, 38 Wn.App. 60, 684 P.2d 757 (1984). Interestingly, in Wegg v. Henry Broderick Inc., 16 Wn.App. 589, 557 P.2d 861 (1976), the court appears to impose an affirmative duty upon an agent to counsel the client as to the legal obligation under a purchase and sale agreement or a real estate contract. The holding of this case appears to be in direct conflict with Droker, 59 Wn.2d 707, and appears to impose a duty that has been considered to be unauthorized practice of law, especially in light of the holding in Cultum, 103 Wn.2d 623.

(2) Lawyers

Because the preparation of a REPSA is the practice of law, lawyers who are licensed to practice law in the state of Washington may prepare REPSAs for the sale of property in this state.

(3) Pro se

The parties to a transaction are permitted to prepare or modify a REPSA on their own behalf. RCW 2.48.190.