FACTS: A non-REALTOR® buyer has a program that allows him to manipulate the Arizona REALTORS® Residential Resale Real Estate Purchase Contract (“Contract”).  The buyer changes sections of the Contract and then presents the offer to the seller’s agent.

ISSUE: Can a buyer change the language of the Contract?

ANSWER: No.

DISCUSSION:         

The Arizona Association of REALTORS®  Contract is copyrighted. 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 provide, sell or attempt to sell unauthorized copies of AAR forms will be vigorously pursued for violation of copyright law.” (Policy D.4) As such, the Contract may not be manipulated and the buyer cannot change the portions of the Contract before presenting his offer.

Note: By manipulating the Contract, the buyer has not only violated copyright law, the buyer and seller may not have a meeting of the minds if the licensee and seller fail to discover all of the changes the buyer made in the copyrighted Contract.