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.” If something goes wrong in the real estate transaction process, buyers and sellers should check the RPP and its contained fiduciary instructions, as well as all other specific or general instructions from the trust holder. This will help each party determine whether all relevant representatives and parties have fulfilled their declared obligations. Often the problem lies in the misunderstanding of its role in the process, but on occasion we find that one or more parties deliberately acted in defiance of the RPP or guardianship orders. Most “commercial brokers” will use the AIR form if they represent a seller because he has passive contingencies (automatic removal). CAR forms are usually used when the broker is not part of the AIRCRE organization that concedes these forms.
The CAR form is usually cheaper for a buyer. I am a member of both organizations and I use AIR and CAR forms. I also used CAR forms for sellers, as for everything, it depends. 😊 Like most things, there is more than one way to do it. The AIR and CAR agreements both do the job. From my point of view, the two are the same as soon as I change them. And if people want to violate the treaty or complain, nothing can stop it. A competent lawyer can, however, help eliminate some of the variables. Commercial brokers (especially if they represent a seller, will likely use the AIR form. Switch grids (brokers who sell both residential and commercial buildings) will likely use what they have on their computer — the CAR form.