Frequently Asked Questions (FAQ)
Forms License Fee Implementation for Non-GAR Members
BACKGROUND / OWNERSHIP / VALUE OF GAR FORMS:
• BACKGROUND: After four (4) years of research and discussion,
and at the continued urging of GAR members across the state, the GAR
Leadership Team brought forward a recommendation to the Board of
Directors of the Georgia Association of REALTORS® (GAR) to charge an
annual license fee for Non-GAR members to access the GAR Forms. During
the Board of Directors (BOD) meeting on Saturday, September 10, 2011 the
BOD approved a motion to charge non-GAR members a $199.00 annual
licensing fee to use the GAR Forms beginning January 1, 2012.
• OWNERSHIP/COPYRIGHT: GAR has always exclusively owned the
copyright to the GAR Forms (“Forms”). The Forms were developed by GAR
over the last 20 years through the hard work, dedication, and effort of
the GAR Forms Committee working in conjunction with GAR legal counsel.
Much time, effort and expense has gone into the creation of the Forms
and continues to go into updating and improving the Forms each year.
• 5 TOP POINTS OF VALUE: GAR Forms are the best real estate forms available for use by REALTORS® in Georgia.
1. The GAR Forms are the only forms written to specifically protect
the interests of REALTORS® (while trying to be fair to the interests of
our clients and customers).
2. The Forms have been successfully defended in court and as such the
risk of court challenges to our Forms is hopefully less than with other
real estate forms.
3. GAR has a history of defending its Forms in court when legal challenges have been brought.
4. The GAR Forms are comprehensive and include Forms and stipulations
for most of the different types of real estate transactions with which
REALTORS® are involved.
5. The GAR Forms have been prepared by GAR’s legal counsel working in
conjunction with the GAR Forms Committee. This is important because
real estate licensees are only permitted to fill out preprinted real
estate forms prepared by an attorney.
WHO HAS THE RIGHT TO USE THE GAR FORMS (AUTHORIZED USERS)?
• Current REALTOR® Members of the Georgia Association of REALTORS® will
have access as a benefit of membership and will be Authorized Users.
• Non-GAR Members that have purchased the individual annual TEMPORARY
USER NUMBER from GAR to access the GAR Forms and agreed to the User
Agreement will be identified as Authorized Users.
HOW WILL ‘AUTHORIZED USERS’ BE IDENTIFIED BY GAR?
• Through our agreement with the GAR Forms Vendors, upon signing on to
the GAR Website or Vendor software to access the GAR Forms, the
electronic system will use the GAR Members active NRDS # and the NON-GAR
Members Temporary User # to imprint the name of the Authorized User in the disclaimer/footer line noted below.
• Each GAR Form will be tagged electronically with a disclaimer/footer
at the bottom of each page of every GAR Form with the following
language: “THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH (AUTOFILLED NAME ELECTRONICALLY IMPRINTED HERE)
IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM
MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD
BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS® AT (770) 451-1831.”
WHAT RIGHTS DO AUTHORIZED USERS HAVE IN REGARD TO SHARING / PROVIDING COPIES OF GAR FORMS TO NON-AUTHORIZED USERS?
• GAR provides Authorized Users engaged in a transaction with a
NON-AUTHORIZED USER the right to share/provide GAR Forms to the real
estate licensee (listing agent/buyers agent/transaction agent) of a
client/customer involved in the transaction in which the GAR Forms are
being shared/provided as long as the Authorized User is also actively
involved as the representative (listing agent/buyers agent/transaction
agent) in the same transaction.
• Violations in regard to authorized use may result in legal sanctions
being sought against the Authorized and Non-Authorized User and should
be reported to GAR at 770.451.1831.
WHO HAS THE AUTHORITY TO DETEMINE HOW AUTHORIZED USERS RESPOND TO OFFERS/COUNTEROFFERS SUBMITTED ON NON-GAR FORMS?
• Brokers have the ultimate decision regarding forms co-op use.
• As with any brokerage operational question, each Authorized User
should refer to his/her Broker for guidance and office policy in regard
to operational procedures.
WILL GAR OFFER TRAINING ON THE GUIDELINES FOR AUTHORIZED USE?
• Yes, GAR provided a webinar segment for Brokers / Office Mangers on
December 15, 2011. We will soon updated these FAQs to answer additional
questions that we fielded from members during the webinar.
• Yes, GAR will work with the Train the Trainer instructor to
incorporate the Authorized User guidelines in the 2012 Forms/Contracts