Real Estate Contracts Aren’t Mad Libs: Why I Can’t Write You a Custom Clause

Let’s cut to it: you’re buying or selling a home in Southern California. Things are moving fast, emotions are high, and somewhere along the way you or someone in your crew thinks, "Hey, let’s just add this little line in the contract. No big deal, right?" Wrong. So very wrong.

Today, I want to talk to you about why I, as your dedicated (and yes, licensed) real estate agent, cannot and will not draft custom clauses in your Residential Purchase Agreement (RPA). Even if it seems simple. Even if it’s "just one sentence." Even if your cousin once audited a law class at UCLA. Because here's the deal: the line between being helpful and being in violation of California law is thinner than the paper we sign offers on.

Real Talk: Agents Aren’t Lawyers

California takes the **Unauthorized Practice of Law (UPL)** very seriously. According to **California Business & Professions Code §6125**, it's illegal to practice law without a license. If I, as your agent, decide to get fancy and write up some new legalese in your contract, I could be hit with a **misdemeanor**, fined up to **$1,000**, or even tossed in **county jail for up to a year**. Not a good look. Not for me, and definitely not for your deal.

Source: Davis-Stirling.com

But beyond just the potential orange jumpsuit situation, it gets worse: if that clause I wrote up causes confusion, gets challenged, or leads to litigation? Guess what? Your deal could unravel, and I could be held **civilly liable**. That’s lawyer speak for, “We’re all getting sued.”

🔨 What I Can Do

Don’t panic. I’m not going to leave you hanging. My license from the California Department of Real Estate allows me to **fill in blanks** and **check boxes** on standard forms drafted by the **California Association of REALTORS® (CAR)**. These forms are tested, legally vetted, and approved for use in residential real estate transactions. I know these documents well, and they cover almost every situation we’ll encounter.

If you want to, say, negotiate a credit for repairs or include a rent-back agreement, I can guide you through the **standard addenda** that are already part of the CAR library. They exist for a reason. They are the real estate equivalent of using GPS instead of a crayon map from 1993.

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🧵 Why It’s onYouto Hire a Real Estate Attorney

Here’s where it gets real. If you need something custom that falls outside the realm of the approved forms—something tailored, unique, or particularly spicy—**you need to bring in a real estate attorney**.

"But Matt, can you just call one for me and pay them? You know... as a service?"

No. I can recommend a few trusted professionals, but I won't be footing that bill. Why? Because:

1. It crosses ethical boundaries. I can't influence your legal representation.

2. It could create a liability issue. If things go south, it puts me and my brokerage at risk.

3. Legal advice is personal. You deserve independent, undivided loyalty from someone looking out only for your legal interests.

And before anyone gets smart: **yes, that includes asking your cousin who went to law school in 2009 but never passed the bar**. Still a no.

📊 Brokerages and E&O Insurance Agree

Most brokerages (mine included) and our **Errors & Omissions (E&O) insurance** flat-out forbid agents from drafting custom contract language. We don’t make the rules, but we do follow them because otherwise we’d have no protection if a deal went sideways.

Want to know what else your E&O provider hates? Getting dragged into a legal mess because someone added a "simple one-liner" to the RPA that got misinterpreted. It’s like using Gorilla Glue instead of eyelash adhesive—you’re gonna regret it.

✏️ Case in Point: What YouShouldDo

Let’s say you want to include a provision about the seller paying for a rate buydown, a unique post-occupancy arrangement, or even something clever like a pool repair credit based on a third-party estimate.

Rather than getting creative with your agent (hi, me), this is your moment to:

1. Let me know your goals. I’ll check if CAR already has a form for it.

2. If not, I’ll recommend a real estate attorney. Yes, they cost money. But so do lawsuits.

3. Use their draft language as an attachment or addendum. Clean, compliant, and legally sound.

🌐 Still Don’t Believe Me?

Here are a few more sources backing this up:

• Capobianco Law: Professional Boundaries

• Avenue Legal Group: UPL Issues in Real Estate

• NAR: Legal Risks for Agents

See? It’s not just me being overly cautious. This is a line everyone in the industry knows not to cross.

🙌 My Promise to You

What I will do is everything in my power to keep your deal clean, efficient, and bulletproof. I know these contracts. I know our market. I know how to negotiate, protect your interests, and communicate with clarity.

But when the conversation turns legal? That’s when I bring in the big guns. It’s not a cop-out—it’s how I make sure you’re protected long after we close.

So let’s keep it tight, keep it compliant, and keep your cousin out of it.

Questions? Curious about how much CAR forms can actually cover (spoiler: it’s a lot)? Reach out. Let’s keep your deal dialed in.