Agency documents, certain advisory documents and the Seller Property Disclosure Statement are exceptions.
Forms libraries are designed to be internally consistent but not consistent with other forms libraries. An addendum from one library refers to provisions in the base sale agreement and the other addenda from that particular library. Stitching a contact together with multiple forms libraries creates a “Frankencontract” and it may be difficult to ascertain the meaning of the contract or the intent of the parties. Any single transaction should be conducted using a single forms library. The following are exceptions to this rule:
A) Agency Documents: Listing agreements, buyer representation agreements, disclosed limited agency agreements, and other agreements between client and agent (rather than buyer and seller) should not prevent the buyer-seller transaction from taking place using a different forms library.
B) Seller Property Disclosure Statement: The Oregon REALTORS® Forms Library is compatible with any Seller Property Disclosure statement (including those from other forms providers) that complies with the Seller Property Disclosure Statute, ORS 105.464. Per OREF Guidance, the same is true for the OREF library.
C) Certain Advisory Documents: Advisory documents that advise clients generally about issues that could arise in a real estate transaction (i.e. wire fraud) but that do not reference specific forms or provisions of specific forms can be used regardless of which forms library is used to conduct the transaction.
In addition to the guidance above, always be sure to follow any policies that your brokerage has in place.