FACTS:

Buyer and Seller executed a Residential Resale Real Estate Purchase Contract (Contract). In the Additional Terms and Conditions section of the Contract, the parties agreed to terms different than the boilerplate language contained in Section 2 of the Contract.

After execution of the Contract, Seller indicates that he will not comply with the provisions hand-written into the Additional Terms and Conditions section of the Contract. The basis for Seller’s position is that the contract contains conflicting terms. Specifically, the provisions contained in the Additional Terms and Conditions section of the Contract are different than the provisions contained in Section 2 of the Contract.

ISSUE:

Is the seller required to perform as set forth in the Additional Terms and Conditions section of the Contract?

ANSWER:

Yes.

DISCUSSION:

The Arizona REALTORS® provides forms with what is known as “boilerplate” language. This means that the documents are pre-printed forms with standard language.

Under contract law, handwritten terms usually prevail over boilerplate language. As such, Seller is obligated to comply with the provisions hand-written into the Additional Terms and Conditions section of the Contract.