Stan Graham

Arizona- It is required that the agent do more than simply write a contract, in fact doing what is described for the buyer would, in Arizona, constitute practice of law without a license. ARTICLE XXVI ..Section § 1 OF THE ARIZONA STATE CONSTITUTION (Powers of a real estate Broker or salesperson.). Any person holding a valid license as a real estate Broker or a real estate salesperson regularly issued by the ADRE, when acting in such capacity as a real estate Broker or a real estate salesperson for the parties, or agent for one of the parties to a sale, exchange, or trade, or the renting and leasing of property, shall have the right to draft or fill out and complete, without charge, any and all instruments incident thereto including, but not limited to, preliminary purchase agreements, and earnest money receipts, deeds, mortgages, leases, assignments, releases, contracts for sale or realty, and bills of sale

1. It is apparent that you have the right to fill out and/or complete documents only if such documents are incidental to a transaction where the agent is acting on behalf of at least one of the parties.
2. The language also limits the agent’s right to practice law where the services are performed “WITHOUT CHARGE”.

This makes the Arizona real estate licensee a “defacto attorney” defined as:

de facto
adj. Latin for "in fact." Often used in place of "actual" to show that the court will treat as a fact authority being exercised or an entity acting as if it had authority, even though the legal requirements have not been met. - Wed Jul 22 2009, 08:38