Join Date: Jun 2008
Location: Fort Lauderdale
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Re: What Is A Boat Really Worth?
I am not licensed in Florida so I cannot speak to its laws, but most states have exceptions to the crime of unauthorized practice of law that allow agents to fill in the blanks on a form contract, and in some cases draft an addendum to that contract. Going beyond those exceptions is engaging in the unauthorized practice of law.
A broker who represents the seller and who starts giving legal advice to the buyer about the implications of certain provisions and the law of that state has likely crossed the line into the unauthorized practice of law.
A buyer who relies on the legal advice of the seller's agent is a fool.
I am not an attorney so I can't comment on your first part except to say that I haven't believed that pointing out the parts of the agreement labeled as pertaining to the seller and/or the buyer is "practicing law". It is a good point and I am going to research it further.
For the record, I suggested that Julie ask her broker any contract questions that she is signing with him about what is in his contract. To my knowledge, she is not dealing directly with the seller or the seller's agent.