Question 93

Liana should refer her client to an attorney.

In situations where a buyer's agent is asked to draft an unusual contingency, it is prudent for Liana to refer her client to an attorney. This ensures that the contingency is legally sound and appropriately addresses the client's unique needs.

A) Liana should write the contingency and send it to CAR for approval.

This option is incorrect because sending the contingency to CAR for approval does not guarantee that the contingency is legally valid or appropriate. Writing unusual legal provisions should be handled by a qualified attorney rather than a real estate agent.

B) Liana should refer her client to an attorney.

This option is correct as it emphasizes the importance of legal expertise in drafting contingencies that may not conform to standard practices. An attorney can provide the necessary legal guidance to ensure that the contingency is valid and enforceable.

C) Liana can only write the contingency if her broker agrees to it.

While obtaining broker approval is important in many cases, this option does not address the legal implications of drafting unusual contingencies. Simply having broker consent does not ensure the contingency's legality or appropriateness.

D) Liana should write the contingency and have her broker look at it.

This option suggests that Liana can proceed with drafting the contingency, but it neglects the necessity for legal oversight. Having a broker review the contingency does not equate to legal advice, which is crucial for unusual requests.

Conclusion

Ultimately, referring her client to an attorney is the most appropriate action for Liana when faced with the request to draft an unusual contingency. This approach protects both the client’s interests and Liana’s professional integrity, as it ensures that the contingency is crafted with the necessary legal expertise. All other options either misplace the responsibility of legal drafting or do not adequately address the need for legal validation.