April 17, 2006

Standard Forms Are Not Always Best

Every trade, industry, and profession has its particular way of doing things and real estate is no exception.  Rather than reinvent the wheel with every transaction, brokers, agents, and lawyers tend to work from a basic set of assumptions that are contained in uniform documents.

 

In theory and in practice there is something to be said for standardized forms.   They save time, they’re efficient, and offers prepared with uniform documents are easy to compare and evaluate.  But for all their value, standardized forms camouflage a significant number of problems.

 

First, all real estate transactions are one-of-a-kind events:  they involve people with different and opposing interests, unique properties, different jurisdictions, and economic conditions that are always in transition.  Trying to fit those these diverse interests into a single, standardized contract form makes no more sense than requiring everyone in town to wear size 10 shoes.

 

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