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Practice Of Real EstateLicense LawHARD

Colorado licensee Marcus is also a licensed Colorado attorney. A client asks Marcus to draft a completely customized purchase contract that does not use any CREC-approved forms. The client believes the CREC forms do not adequately address the unique commercial nature of the transaction. Under Colorado law, which of the following best describes Marcus's authority in this situation?

Correct Answer

A) Marcus may draft a custom contract only in his capacity as a licensed attorney, not as a real estate licensee, and must clearly separate these dual roles

Under Colorado law, only licensed attorneys may draft alternative contract language outside of CREC-approved forms. Since Marcus is a licensed Colorado attorney, he has the legal authority to draft a custom contract — but this authority derives from his attorney license, not his real estate license. Marcus must act in his capacity as an attorney when drafting custom contract language, and the dual roles must be clearly delineated to avoid conflicts of interest and to ensure the client understands which capacity Marcus is serving in.

Answer Options
A
Marcus may draft a custom contract only in his capacity as a licensed attorney, not as a real estate licensee, and must clearly separate these dual roles
B
Marcus may freely draft any custom contract because holding both a real estate license and an attorney license gives him combined authority
C
Marcus may not draft a custom contract under any circumstances because CREC-approved forms are mandatory for all Colorado real estate transactions
D
Marcus may draft a custom contract only if he obtains written approval from CREC before using the non-standard form

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Related Topics & Key Terms

Key Terms:

crec_approved_formsattorney_exemptiondual_licensecustom_contractsunauthorized_practice_of_law

Related Concepts

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

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