Reviewed May 2017
Arizona Association of REALTORS® (“AAR”) Standard Forms
AAR is one of the few states that maintain transaction forms produced by the Association that have been adopted for use by members statewide. The number of AAR forms has more than doubled since 2005. We currently have 70+ forms with several additional forms in development.
The AAR forms have been identified in the AAR Strategic Plan as one of the Association’s most valuable assets. There are many benefits of AAR standardized forms, such as:
- Uniformity of practice reduces disputes and ambiguity.
- Forms are updated as needed to assure members that the forms comply with state and federal law/regulations.
- Forms as an AAR member benefit increases the value of being represented by a REALTOR®.
- Brokers do not need to review boilerplate language of each form during the 10-day review required by statute.
- Salespersons do not need to read each form’s boilerplate provisions when writing or reviewing an offer.
AAR sold printed forms until 2008, resulting in substantial revenue. In 2004 AAR members were given unlimited access to all AAR forms through zipForm® software. AAR ceased printing and selling printed forms in 2008 and offered the forms to its members as a member benefit through zipForm®, DotLoop and other licensed forms providers.
The importance of the AAR forms, including their content, is reflected in AAR Policy: “The Executive Committee or Board of Directors shall approve all form content and format, new or revised, prior to printing. Prior to substantive revision of any existing form being printed and sold, the revised form shall be circulated for comment from experts in the field, all local Boards, and any appropriate Institutes, Societies or Councils. New or revised forms shall be released on or about February 1, June 1, and October 1 unless law or regulation mandates earlier release.” (AAR Policy Statements D.3)
AAR Forms Copyright
AAR registers and holds the valid copyright for each of AAR’s forms. Thus, AAR has the exclusive right to modify and reproduce, and to authorize others to modify and reproduce the forms. The unauthorized use of the AAR forms constitutes copyright infringement. The importance of protecting the AAR copyright is also reflected in AAR Policy: “Those who alter AAR’s forms or sell or attempt to sell unauthorized copies of AAR forms will be vigorously pursued for violation of copyright law.” (Policy D.4)
[The use of zipForm®] is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services . . . Any reproduction or redistribution . . . is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Frequently Asked Questions about the AAR Forms
Can I print the AAR forms and provide them to a nonmember for personal use?
No. The AAR forms are for AAR member use only.
Can I download the AAR forms into Adobe or another program?
No. Members are authorized to use the forms only through AAR licensed forms delivery providers, such as zipForm®. Downloading the forms into another program is not only a copyright violation, but a serious risk management concern. Forms downloaded into another program do not get updated when laws change. AAR works diligently to ensure that only the most updated forms are available through the forms delivery provider.
May I change the boilerplate language in the AAR forms to address my specific concerns?
No. Although alteration to boilerplate terms through notation in “Additional Terms & Conditions” is not prohibited, changing the boilerplate language is. Members rely on the boilerplate language for the reasons addressed previously and altering the boilerplate constitutes a copyright violation.
My company has an intranet; can we import the AAR forms into our system?
No. To ensure that members are using only the most updated version of the AAR forms, importing the forms into any other forms delivery system is prohibited.
Are there any issues with putting zipForm® desktop, DotLoop or forms from other AAR licensed forms providers on my computer where others have access?
Yes, the desktop version is customized and the forms will have your name and brokerage on the forms when printed. Your computer should be protected by password and you should never share your password with another person.
Can I post the AAR forms on my website?
No. To ensure that members are using only the most updated version of the AAR forms, forms should not be posted to any website other than the AAR website. Sample copies of the AAR forms are available on the AAR website. The sample forms are updated when the forms are updated. Members may link to the sample forms on the AAR website, but may not download the sample forms. Linking to the sample forms on the AAR website ensures that only the most current forms are available for review.
Does AAR license its forms to any other forms delivery provider?
In 2015, AAR began licensing forms to third party providers. AAR is focused on protecting its members by ensuring that any forms delivery provider complies with the safeguards currently in place via zipForm®, and Dotloop such as:
- Forms delivery provider will implement an ongoing authorization system (name and NRDS number) to ensure members only access.
- All forms must be protected from modification of the boilerplate.
- Forms delivery provider will be responsible for monitoring the status of any forms revision and shall update program with each form revision promptly.
- Forms delivery provider will ensure that only approved forms are in fillable format.
- Forms delivery provider will provide timely and effective technical support to members.
- AAR copyright must be acknowledged and protected.
For Additional Information
If you have any additional questions regarding the use of the AAR forms, please do not hesitate to contact me at MichelleLind@aaronline.com.