FACTS: The buyer makes an offer on an Arizona REALTORS® Residential Resale Real Estate Purchase Contract (“Contract”) that includes a Seller Compensation Addendum (SCA).  The seller is agreeable to the terms included in the Contract but is only willing to pay one half (1/2) of the compensation requested by the buyer in the SCA.

ISSUE: Should the seller sign the Contract and deliver it to the buyer with a new SCA that includes one half (1/2) the compensation amount?

ANSWER: See Discussion.

DISCUSSION:

The SCA is no different than any other addenda incorporated into the Contract.  If the seller wants to make a counteroffer to the buyer, the seller should sign the Contract, sign all addenda provided by the buyer, check the Counter Offer box in Section 9 of the Contract, and provide the modified terms agreeable to the seller.  The Arizona REALTORS® Counter Offer form is available for this purpose.  Please note it is best practice to avoid multiple, partially signed forms whenever possible.