The CAR agreement requires the arbitrator to be a lawyer, unless the parties decide otherwise. Paragraph 26.B the agreement because it requires the arbitrator to be a retired judge or lawyer with at least 5 years of transactional real estate experience, unless the parties agree with each other and give the right to discover. This provision is better than the AIR agreement, which requires a broker and not a real estate lawyer. Paragraph 26.B. states in part: “The arbitrator is a retired judge or judge or a lawyer with at least 5 years of experience in real estate transaction law, unless the parties agree with another arbitrator.” The Air and CAR forms differ in the sale of a signed sales and sale agreement. The AIR agreement does not require the seller`s consent for a buyer to waive his rights to the agreement. This makes it much easier for Treuhand to change the buyer into an LLC owned by the buyer or a third party so that the buyer can make a quick flip. Paragraph 1.1 of the AIR agreement provides, in the last part of 1.1, that the buyer can give up the contract, but obliges the seller to expressly release the buyer (which means hardly much). Most (90%)) of California real estate agents use either the standard AIR CRE offer, the escrow agreement and guide for the purchase of real estate (non-residential) (called “AIR”) and the CAR Commercial Property Purchase Agreement and Joint Escrow Instructions (NON-RESIDENTIAL) (called “CAR”).
When it comes to real estate transactions, customs agreements are usually where the fault occurs. AIR forms are designed to keep the transaction moving. CAR forms give the buyer more time to review, execute or extend the closing date. Often, it is also more likely that the buyer will be able to get a refund of the deposit if a CAR form is used. The CAR agreement sets the trust`s deadline at -days after adoption. Paragraph 1. D. provides in part that the AIR agreement requires arbitration under the commercial rules of the American Arbitration Association, requires the forfeiture of many normal rights in litigation, and requires that each arbitrator be an impartial real estate agent with at least 5 years of full-time experience, both in the area in which the property is located and in the nature of the real estate in question.