Real Estate Brokerage

Report on CAR Proposed Buyer Representation Agreement

Tanya Monestier, law professor at the University at Buffalo Faculty of Law, on behalf of the Consumer Federation of America, authored the following report.  The report analyzes the Buyer Representation Agreement proposed by the California Association of Realtors (C.A.R.), scrutinizing its impact on consumer protection and clarity. It highlights that the agreement is excessively complex and disorganized, making it difficult for an average buyer to comprehend. Key issues include dense text formatting, excessive cross-referencing, and unclear compensation provisions that could potentially obscure a buyer’s financial obligations. The report suggests that such complexities could prevent buyers from understanding their financial commitments fully and criticizes the agreement for possibly allowing realtors to circumvent recent settlement provisions intended to enhance transparency in real estate transactions.