PAR Associate Counsels Kacy Clouser, Esq. and Paige Perrucci, Esq. were joined on a webinar by Standard Forms Committee Chair Sylvia Hess-Albright and Vice Chair Dominic Janidas, CCIM, to cover a behind-the-scenes look at the standard forms process and introduce a new form. From the debut of the Buyer’s Request to Broker for Deposit (Form BRB) on March 1 to a comprehensive review of commercial forms, there is plenty happening in the forms world.
Introducing the Buyer’s Request to Broker for Deposit (Form BRB)
The new Form BRB formalizes the written request as contemplated in paragraph 26(C) of the Agreement of Sale (Form ASR). Form BRB includes some of the information that will be helpful to the broker to release the deposit. Please keep in mind that this information is to assist the broker, but brokers must independently verify the relevant contract terms and timelines before releasing funds.
Form BRB will be available for use beginning March 1, 2026.
In order to fully understand the reasoning behind Form BRB, it’s important to revisit deposit release procedures. A more detailed review can be found in the JustListed article Returning Disputed Deposits: The Agreement of Sale Means What It Says.
Keep an eye out for a more detailed article about Form BRB in the next couple of weeks.
Standard Forms Process
When looking to the standard forms process, it is built around three distinct groups, each with a specific role.
Standard Forms Committee
The Standard Forms Committee is the governing body regarding forms. It votes on form changes, creates task forces and ultimately determines what becomes part of the official forms library. While meetings are open for attendance, participation is typically limited to committee members.
Standard Forms Feedback Panel
The Standard Forms Feedback Panel is open to members and serves as a sounding board for proposed changes. With representation capped at three members per district, it ensures geographic and professional diversity.
The panel discusses draft changes, raises practical concerns and helps gauge how proposals may realistically function. It is an essential checkpoint before changes move forward.
Task Forces
Task forces are small, focused groups, typically created by the Standard Forms Committee to tackle a specific issue. They handle the research, draft revisions and sometimes even debate the placement of a comma. The scope of task forces may vary, some might meet once to address a narrow issue, while others can be long-term, detail-heavy commitments.
To provide consistency, scheduled release dates are March 1 and Aug. 1 each year. While major legal developments or changes may require off-cycle updates, the goal is predictability, so members know what to expect.
Standard forms evolve for several reasons. Recurring transactional issues, legislative or regulatory changes or member suggestions are all examples of reasons that the forms change.
Commercial Forms Task Force
The webinar also gave an update on the biggest project that is being worked on, which is the Commercial Forms Task Force. The task force is currently working on a comprehensive review of commercial forms. They are working through the forms in two batches. The first batch is focusing on agency agreements, the agreement of sale and related addenda. The second batch is rental and property management forms, along with some miscellaneous forms. The task force is nearing the end of batch one and will be focusing on feedback this spring.
Watch the full webinar recording here, and thank you to Sylvia Hess-Albright and Dominic Janidas, CCIM, for joining us!
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