Skip to Main Content
GCAAR

Greater Capital Area Association of Realtors®

Related Resources

Strategies for Negotiating Escalation Clauses

Strategies for Offer Preparation and Presentation

 

Real Estate Forms Library


Download forms for:

Lone Wolf/zipForm® login information
When signing into Lone Wolf/zipForm® you may be taken to the nar.realtor website to access the forms. Below you will find two screenshots to assist you with logging in. If you already have an account through nar.realtor and you have forgotten your password, you can reset it. If you do not have an account, click the register tab, input your NRDS ID, and follow the onscreen instructions. If you don’t know your NRDS ID, please email memberservices@gcaar.com.


February 2023 Update

Read the Summary of all Changes for additional information on the February 2023 forms release and update.

New forms:

  • GCAAR Form #1382, Tenancy Addendum for District of Columbia (5 or More Units)
  • GCAAR Form #1383, Tenancy Addendum for Montgomery County, Maryland
  • Housing Provider’s Disclosure to Applicant or Tenant (DC-HPD)
  • Montgomery County Criminal History and Background Screening Addendum
  • Montgomery County Window Guard Lease Addendum

Updated forms:

  • GCAAR Form #900, Regulations, Easements and Assessments (REA) Disclosure and Addendum
  • GCAAR Form #1312, Montgomery County Jurisdictional Addendum to GCAAR Sales Contract
  • GCAAR Forms 1313, Jurisdictional Disclosure and Addendum to the Sales Contract for District of Columbia
  • GCAAR Form #1319, Escalation Clause
  • GCAAR Form #1322, Montgomery County Jurisdictional Addendum to Maryland REALTORS® Contract
  • GCAAR Form #1350, Multi-Unit or Non-Residential Addendum
  • Montgomery County Lease Summary (MC Lease-Summary)

Cosmetic Corrections/Updates:

The following forms received minor updates and/or technical corrections. Therefore, the dates from when they were last updated will not change.
  • Form #922, Condominium Seller Disclosure/Resale Addendum for Maryland
  • Form #1301, GCAAR Sales Contract
  • Form #1309, Post-Settlement Occupancy Addendum
  • Form #1390, Private Well and/or Septic Inspection Contingency Addendum

Checklists:

  • DC Listing Checklist
  • DC Sales Checklist
  • Montgomery County Listing Checklist
  • Montgomery County Sales Checklist
  • Montgomery County Leasing Checklist for Rental Properties
  • Montgomery County Listing Checklist for Management Rental Properties
  • Montgomery County Listing Checklist for Non-Management Rental Properties

**Note: You may experience a problem seeing some forms in their entirety when using the Chrome browser. If you experience this issue, please try another browser, such as Internet Explorer or Firefox.**


How to access forms if you're not a GCAAR member: 

The best way is to become a GCAAR secondary member; the annual cost is $275. However, if you join us in the fourth quarter, it’s $343 for the fourth quarter AND all of next year. We'll also waive the application fee. 
Get Forms Help

Listed below are resources to utilize if you require a translator or interpreter:

 

Explanation of Changes

See the explanations of changes to Montgomery County and Washington, DC forms.

2022

October 2022 Update

Read the Summary of all Changes for additional information on the October 2022 forms release and update.

The recording of the Profession Session is available online, as well as the slide deck used.

Updated forms:

  • GCAAR Form #914, Seller’s Estimated Costs Worksheet
  • GCAAR Form #904, Homeowners Association Seller Disclosure
  • GCAAR Form #921, Condominium Seller Disclosure/Resale Addendum for the District of Columbia
  • GCAAR Form #922, Condominium Seller Disclosure/Resale Addendum for Maryland
  • GCAAR Form #923, Homeowners Association Seller Disclosure/Resale Addendum for the District of Columbia
  • GCAAR Form #1301, GCAAR Sales Contract
  • GCAAR Form #1336, Buyer’s Estimated Costs Worksheet
  • GCAAR Form #1390, Private Water Supply System Addendum
  • GCAAR Form #1393, On-Site Sewage Disposal System Inspection Addendum
  • GCAAR Form #1611, Solar Panel Seller Disclosure/Resale Addendum

Cosmetic Corrections/Updates:

The following forms received minor updates and/or technical corrections. Therefore, the dates from when they were last updated will not change.
  • GCAAR Form #909, Addendum to the Listing Agreement-Montgomery County
  • GCAAR Form #1309, Post-Settlement Occupancy Addendum
  • GCAAR Form #1338, VA Financing Addendum
  • GCAAR Form #1339, Addendum of Clauses—B
  • GCAAR Form #1352, Conventional Financing Addendum
Checklists:
  • DC Buyer Checklist
  • DC Listing Checklist
  • DC Sales Checklist
  • Montgomery County Buyer Checklist
  • Montgomery County Listing Checklist
  • Montgomery County Sales Checklist

 

July 2022 Update

Read the Summary of all Changes for additional information on the July 2022 forms release and update.

GCAAR held a Profession Session reviewing the latest forms release on July 7. You can view the recording and look through the slide deck here.

Updated Forms

  • Update: GCAAR Form #1309, Post Settlement Occupancy Addendum
  • Update: GCAAR Form #1330, FHA Financing Addendum
  • Update: GCAAR Form #1332, Addendum of Clauses – A
  • Update: GCAAR Form #1333, Appraisal Notice and/or Addendum
  • Update: GCAAR Form #1338, VA Financing Addendum
  • Update: GCAAR Form #1339, Addendum of Clauses - B
  • Update: GCAAR Form #1352, Conventional Financing Addendum
  • Update: GCAAR Form #1602, New Home Addendum
  • Update: GCAAR Form #1603, New Home Warranty Disclosure Addendum for Maryland
  • Update: GCAAR Form #1603A, New Home Warranty Disclosure Addendum for Maryland
  • Update: GCAAR Form #1604, New Home Warranty Disclosure Addendum for Maryland

Removed Forms

  • GCAAR Form #1337, Financial Information Sheet

Checklists:

  • DC Buyer Checklist
  • DC Listing Checklist
  • DC Sales Checklist
  • Montgomery County Buyer Checklist
  • Montgomery County Listing Checklist
  • Montgomery County Sales Checklist

May 2022 Update

GCAAR to discontinue use of Financial Information Sheet

February 2022 GCAAR Forms Release

Read the Summary of all Changes for additional information on the February 2022 forms release and update.

Updated Forms

  • UPDATE - GCAAR Form #1390, Private Water Supply System and/or Septic Inspection Addendum
  • UPDATE - GCAAR Form #1355, Condominium Certificate of Resale

Cosmetic Corrections/Updates:

The following forms received minor updates and/or technical corrections. Therefore, the dates from when they were last updated will not change.

  • GCAAR Form #900, Regulations, Easements and Assessments Disclosure and Addendum
  • GCAAR Form #1301, GCAAR Sales Contract

Checklists

  • DC Buyer Checklist
  • Montgomery County Buyer Checklist
  • Montgomery County Sales Checklist
2021

October 2021

Read the Summary of all changes for additional information on the October 2021 forms release and update. 

Updated Forms

  • GCAAR Form #1352, Conventional Financing Addendum
  • GCAAR Form #900, Regulations, Easements and Assessments Disclosure and Addendum
  • GCAAR Form #1312, Montgomery County Jurisdictional Addendum to the GCAAR Sales Contract
  • NAR Pamphlet – What Everyone Should Know About Equal Opportunity in Housing in English and Spanish

Cosmetic corrections/updates:

The following forms received minor updates and/or technical corrections. Therefore, the dates from when they were last updated will not change.

  • GCAAR Form #802, Escrow Agreement to Hold Sellers Proceeds at Settlement in Washington, DC
  • GCAAR Form #922, Condominium Seller Disclosure/Resale Addendum for Maryland
  • GCAAR Form #1206, Non-Management Rental Listing Agreement for Montgomery County
  • GCAAR Form #1221, Residential Lease for Washington, DC
  • GCAAR Form #1313, Jurisdictional Disclosure & Addendum to the Sales Contract for Washington, DC
  • GCAAR Form DCDHCD, TOPA-Tenant Opportunity to Purchase Act

Checklists:

  • DC Buyer Checklist
  • DC Listing Checklist
  • DC Sales Checklist
  • Montgomery County Buyer Checklist
  • Montgomery County Listing Checklist
  • Montgomery County Sales Checklist

 

July 1, 2021

Read the Explanation of Changes - July 2021 Forms Release for additional information on the July 2021 forms release and update.

  • GCCAR Form #900, Regulations, Easements and Assessments (REA) Disclosure and Addendum
  • GCAAR Form #904, Homeowners Association Seller Disclosure/Resale Addendum for Maryland
  • GCAAR Form #910, Listing Agreement for Improved Real Property and Co-operatives 
  • GCAAR Form #920, Listing Agreement for Unimproved Real Property 
  • GCAAR Form #921, Condominium Seller Disclosure/Resale Addendum for the District of Columbia
  • GCAAR Form #922, Condominium Seller Disclosure/Resale Addendum for Maryland
  • GCAAR Form #923, Homeowners Association Seller Disclosure/Resale Addendum for the District of Columbia
  • GCAAR Form #1312, Montgomery County Jurisdictional Addendum to GCAAR Sales Contract
  • GCAAR Form #1322, Montgomery County Jurisdictional Addendum to Maryland REALTORS® Contract
  • GCAAR Form #1330, FHA Financing Addendum
  • GCAAR Form #1380, Tenancy Addendum for District of Columbia (Single-Family Accommodation)
  • GCAAR Form #1381, Tenancy Addendum for District of Columbia (2 to 4 Rental Units)
  • GCAAR Form #1390, Private Water Supply System and/or Septic Inspection Addendum

February 16, 2021

Read the Explanation of Changes - February 2021 Forms Release for additional information on the February 2021 forms release and update. 

  • NEW - GCAAR Form #1390, Private Water Supply System and/or Septic System Addendum
  • NEW - GCAAR Form #1391, Well Inspection Contingency Notice and/or Addendum
  • NEW - GCAAR Form #1392, Septic System Contingency Notice and/or Addendum
  • UPDATE - GCAAR Form #1332, Addendum of Clauses A
  • UPDATE - GCAAR Form 1330, FHA Financing Addendum
  • UPDATE - GCAAR Form 1333, Appraisal Notice and/or Addendum
  • UPDATE - GCAAR Form 1338, VA Financing Addendum

Want more details? Check out GCAAR’s Manager Broker Presentation materials from a GCAAR Forms Committee drafter of the form, including marked up copies of the forms.

 

2020

July 27, 2020

Read the Explanation of Changes - July 2020 Forms Release for additional information on the July 2020 forms release and update.

  • NEW GCAAR Form 1611 - Solar Panel Addendum
  • GCAAR Form 1301 - GCAAR Sales Contract
  • GCAAR Form 911 - Inclusions and Exclusions
  • GCAAR Form 1332 - Addendum of Clauses A
  • Both Montgomery County and DC listing, buyer and sales checklists

 

February 24, 2020

New GCAAR Form

Form 875, Potential Adverse Consequence Acknowledgement

  • In GCAAR’s continued efforts to protect its members, this form was created to be used in situations where buyers are submitting offers that may have terms and/or conditions that may be classified as having certain adverse consequences.
  • The form is not meant to be submitted with the offer, but for the broker/agent to keep as transparent documentation that the agent made the buyer aware of such potential adverse consequences with the offer.

Substantive Changes to Existing GCAAR Forms

  • Form 909, Jurisdictional Addendum to the Listing Agreement for Improved Real Property

  • Information was added into this form regarding home security systems that monitor or record audio.
  • This form was updated to reflect the new non-resident seller withholding tax rate of 8% for the State of Maryland.

    Form 910, Listing Agreement for Improved Real Property and Co-operatives

  • This form was updated to reflect the updated Bright MLS Clear Cooperation Policy.Learn more about the policy here.

    Form 914, Seller's Estimated Costs Worksheet

  • This form was updated to reflect the new non-resident seller withholding tax rate of 8% for the State of Maryland.

Administrative Changes

The following forms had administrative and clerical changes, including updating MAR to Maryland REALTORS®, MRIS to Bright MLS and Regional Sales Contract to GCAAR Sales Contract. Additionally, the forms were reviewed for clerical corrections such as spelling errors, punctuation and formatting.

 

  • Form 903, Amendment to Listing Agreement - Change of Status
  • Form 920, Listing Agreement for Unimproved Real Property
  • Form 1202, Property Management and Exclusive Rental Agreement – MC
  • Form 1204, Rental Application
  • Form 1206, Non-Management Rental Listing Agreement
  • Form 1207, Property Management and Exclusive Rental Agreement – DC

     

  • Form 1313, Jurisdictional Disclosure and Addendum to the Sales Contract
  • Form 1322, Jurisdictional Addendum to Maryland REALTORS® Contract
  • Form 1341, Buyer Agency Agreement
  • Form 1350, Multi-Unit or Non-Residential Addendum
  • Form 1370, Notice of Contractor and Service Provider Licensing Status
  • Form 1602, New Home Addendum
  • GCAAR Montgomery County, MD Rental Guide

 

The signature lines on the below set of forms were updated to reflect standard GCAAR protocol.

  • Form 904, Listing Agreement for Improved Real Property and Co-operatives
  • Form 921, Condominium Seller Disclosure/Resale Addendum
  • Form 922, Condominium Seller Disclosure/Resale Addendum
  • Form 923, Homeowners Association (HOA) Seller Disclosure/Resale Addendum
  • Form 924, Co-operative Seller Disclosure/Resale Addendum

Checklists

  • In addition to the outlined changes, all DC & Montgomery County Sales and Rental Checklists were updated to reflect the form updates, along with certain technical changes to better reflect how the checklists are used.
  • Both the Montgomery County and DC sales-related Checklists are now in conformity with one another.
  • The Rental Checklists no longer reflect the dates the forms were updated and have clarified certain requirements, including Maryland State Lead Disclosures.
2019

GCAAR Forms Updates October 2019

October 1 Legislative and Regulatory Mandated Forms Update

The following forms have been updated on GCAAR’s website per the instructions of the Maryland Real Estate Commission (MREC).  For additional information on the nature of the updates, you may visit the Maryland Real Estate Commission’s website at https://www.dllr.state.md.us/license/mrec/.

Form 1003: Understanding Whom Real Estate Agents Represent
Form 1004: Consent for Dual Agency
Form 1006: Notification of Dual Agency Within a Team in Maryland
OHDF: Open House Required Disclosure Form

The following form has been updated to account for minor technical changes as required by law: Form 912: Maryland Residential Property Disclosure and Disclaimer Statement 

The following form is a new GCAAR form to account for a new law in Maryland related to escrow: Form 1367: Escrow Agreement Between Buyer, Seller, and Non-Broker Escrow Agent.

The new law requires certain persons holding escrow money (including title companies and attorneys) to have a written agreement with the buyer and seller. The agreement must include the following information: the amount of trust money offered and the date the escrow agent received it; the fact the escrow agent will notify the parties if there is no money backing the check; and the conditions under which the escrow agent may release the money. The law does not apply to real estate companies who already have requirements under law.

Click here to view the October changes in PDF format.

GCAAR Forms Updates August 2019

Form Regulatory Alert – Tenant Rights Under DC Lead Law Form

The most recent version of the District’s Tenant Rights Under DC Lead Law form is May 18, 2018 for BOTH the English and now publicly-released Spanish version. Minor technical changes from the 2015 version were an update in the District Government Agency’s name and logo, along with formal space for Owner or Agent’s Name and Property Address. The English form is fillable. Always ensure your property management clients have the most recent version of the form in their records. Learn more here.

GCAAR Forms Updates February 2019

Update to February Forms Changes (April 8, 2019)

Minor technical corrections were made to the following GCAAR forms:

Form 900: 
Regulations, Easements and Assessments (REA) Disclosure and Addendum

Form 910
Listing Agreement for Improved Real Property and Co-operatives

Form 1202
Property Management and Exclusive Rental Agreement (Montgomery County)

Form 1207
Property Management and Exclusive Rental Agreement (Washington, DC)

Form 1301
GCAAR Sales Contract

These corrections do not affect the revision dates. For specific details on where the corrections occurred, please contact the Forms Help Desk

Click hereto view the February changes in PDF format

2018

GCAAR Forms Updates December 2018

GCAAR has made technical and regulatory updates to our forms.  
Please ensure that you are using the most accurate version of the below forms as possible with a December 2018 revision date.  We have also updated all our checklists, with a revised date of December 2018.

GCAAR Form 900, Regulations Easements and Assessments
• Websites were updated to ensure accuracy.
• Conforming and protocol changes were made to the form.
• Technical corrections were made.

GCAAR Form 909, Addendum to the Listing Agreement, Montgomery County
• Conforming and protocol changes were made to the form.
• Technical corrections were made.

GCAAR Form 910, Listing Agreement, District of Columbia and Montgomery County
• Conforming and protocol changes were made to the form.
• Technical corrections were made.

GCAAR Form 1362, Short Sale Addendum
• Conforming and protocol changes were made to the form.
• Technical corrections were made.

We have also ensured that the following required government forms are accessible in their most up-to-date versions on our website:

• Tenant Lead Rights for both Maryland and DC (not to be confused with other state and federal required lead disclosures)

• Maryland Residential Property Disclosure and Disclaimer (GCAAR Form 912)

Click here to view the December changes in PDF format



GCAAR TOPA Forms Updates September 2018

On April 10, 2018, the District of Columbia City Council passed the TOPA (Tenant Opportunity to Purchase Act) Single-Family Home Exemption Amendment Act of 2017. It was signed by the Mayor on May 7, 2018 as The TOPA Single-family Home Exemption Amendment Act of 2018 and became effective July 3, 2018. 

The Act exempts all single-family dwellings from the requirements of TOPA (D.C. Official Code 2001 ed., as amended, § 42- 3404.01 et seq.). The Act carves out an exception for rental units occupied by elderly or disabled tenants, who if they fulfill certain criteria may be entitled to a limited opportunity to purchase.

GCAAR has updated and revised the following forms to be used in accordance with the new law –

GCAAR Form 1313, District of Columbia Jurisdictional Disclosure and Addendum to the Sales Contract 
GCAAR Form 1380, Tenancy Addendum for the District of Columbia (Single-Family Accommodations)
GCAAR Form 1381, Tenancy Addendum for the District of Columbia (2-4 Units)
GCAAR Form DCDHCD, Tenant Opportunity to Purchase Act (TOPA)

We are also providing you with a PowerPoint Presentation that explains the new law in great detail, clarifying what qualifies as a single-family accommodation, as well as more details on the elderly/disabled exemption.  Access the presentation here.

As the law is nuanced, GCAAR members should expected an educational period of adjustment to the requirements. GCAAR highly encourages you to contact a real estate attorney licensed in DC for your upcoming TOPA related transactions.  GCAAR will also be providing additional educational opportunities in the coming months.

 

GCAAR Forms Updates February 2018

Click here to view the February 1 changes in PDF format.  

Maryland Broker’s Act Related Changes:

GCAAR Form #909, “Montgomery County Jurisdictional Addendum”

GCAAR Form #910, “Listing Agreement”

GCAAR Form, #1341, “Buyer Agency Agreement”

NEW GCAAR Form #1347,  “Notice Termination of Brokerage Agreement Only”
NEW GCAAR Form #1348, “Termination of Buyer Agency Agreement”
NEW GCAAR Form #1349, “Termination of Listing Agreement”
DELETED GCAAR Form #918, “Withdrawal From Market”

Maryland Law (Maryland Broker’s Act) requires either party to be able to terminate the “Brokerage Relationship” (Brokerage Relationship means the Agency Relationship alone) but that would not terminate the Contractual Obligations formed by the Listing Agreement and the Buyer Agency Agreement. 

GCAAR modified our forms so our members can easily understand Maryland’s Right to Terminate the Brokerage Relationship, be able to explain it to Buyers and Sellers and have a clear mechanism in place for the parties to properly serve Notice to the other party they want to terminate the Brokerage Relationship and properly Terminate the Contractual Obligations. 

GCAAR Form #909, “Montgomery County Jurisdictional Addendum”

New Language

TERMINATION:
The Brokerage Relationship established by this Agreement may be terminated unilaterally prior to the end of the Listing Period by either party Delivering ___ days advance Notice to the other (GCAAR form “Notice of Termination of Brokerage Relationship”). Termination of the Brokerage Relationship does not relieve Seller of financial obligations to Broker.
Even if the Brokerage Relationship is terminated under the terms above, the Contractual Obligations shall remain in full force and effect, unless terminated by mutual written consent of all parties (GCAAR form “Termination of Listing Agreement”). In addition, the terms of GCAAR Listing Agreement paragraph 7.A.2 or MR Listing Agreement paragraph 14 (“Protection Period”) shall survive even if the Agreement is terminated early.

GCAAR Form #910, “Listing Agreement”

New Language

PURPOSE: This agreement ("Agreement") establishes
a brokerage relationship (“Brokerage Relationship”), an agency relationship between Seller and Broker, and contractual obligations (“Contractual Obligations”) between Seller and Broker, in which the Broker has the exclusive right to sell, exchange or convey the herein described property ("Property"), together with all improvements, rights and easements thereon and under the terms and conditions set forth herein.

GCAAR Form, #1341, “Buyer Agency Agreement”

New Language

PURPOSE: This agreement ("Agreement") establishes

1) a brokerage relationship (“Brokerage Relationship”), an agency relationship between Buyer and Broker, and

2) contractual obligations (“Contractual Obligations”) between Buyer and Broker, in which the Broker has the exclusive right to represent Buyer under the terms and conditions set forth herein.

  5.  TERM: This Agreement commences when signed and expires at 11:59 p.m. on_________ (“Expiration Date”), unless extended in writing, or unless earlier terminated as herein provided. If a Contract of Sale is entered into by Buyer before Expiration Date, which provides for Settlement to occur after such Date, this Agreement shall be automatically extended until Settlement has occurred or until the Contract of Sale is released in writing by the parties.

TERMINATION:
A. Washington, DC: This Agreement may be terminated prior to the Expiration Date only by mutual written consent by both parties.

B. Maryland: 1). The Brokerage Relationship established by this Agreement may be terminated unilaterally prior to the Expiration Date by either party Delivering ________ days advance Notice to the other (GCAAR form “Notice of Termination of Brokerage Relationship”). Termination of the Brokerage Relationship does not relieve Buyer of financial obligations to Broker.  2). Even if the Brokerage Relationship is terminated under the terms above, the Contractual Obligations shall remain in full force and effect, unless terminated by mutual written consent of all parties (GCAAR form “Termination of Buyer Agency Agreement”). In addition, the terms of paragraph 4.B (“Protection Period”) shall survive even if this Agreement is terminated early.

NEW GCAAR Form #1347, “Notice Termination of Brokerage Agreement Only”

This new form allows either party to the Agreement to provide proper Notice to the other and informs them of what this Notice does and what it does not do.  It ends the Brokerage “agency” Relationship.  This requires the Broker to remove the sign from the yard and remove the property from MRIS.  It does not end the Contractual Obligations defined in either Agreement whether the Listing Agreement or Buyer Agency Agreement.

NEW GCAAR Form #1348, “Termination of Buyer Agency Agreement”
This new form allows the parties to terminate the Contractual Obligations of the Buyer Agency Agreement.  It sets forth and agreed upon amount the Buyer is responsible to pay if applicable, confirms the Brokerage Relationship is terminated and it keeps the terms of the Protection Period in full force and effect.

NEW GCAAR Form #1349, “Termination of Listing Agreement”
This new form allows the parties to terminate the Contractual Obligations of the Listing Agreement.  It sets forth and agreed upon amount the Seller is responsible to pay if applicable, confirms the Brokerage Relationship is terminated and what happens as a result.  Finally it keeps the terms of the Protection Period in full force and effect.

DELETED GCAAR Form #918, “Withdrawal From Market”

The Termination of Listing Agreement form replaces it and there are other mechanisms in place to withdraw the property from the market such as “temp off” making the use of this form no longer necessary for our membership.

GCAAR Form #1318, “Important Information for the Purchase of Real Estate”

Changed the title to “Important Information for the Purchase of Real Estate”, to stress this information should be presented to buyers, ideally at buyer consultation.
Reordered the paragraphs to have a more logical flow when presenting information.

Technical changes:
Legal Requirements Paragraph: updated the form names to MR and GCAAR, removed “Association” from MAR and added Montgomery County for where GCAAR is used.
Property Taxes paragraph A; added “eligibility for a” Homestead Exemption and removed “reinstated”, to clarify when new buyer is eligible for tax credit it will not be the same amount the seller received prior to sale

Government Regulations Paragraph; updated with correct name for the REA Form
Agency Relationships paragraph updated to new Maryland Legislation. Only unrepresented parties are to be provided the “Understanding Whom….” Form.
Added Paragraphs on wire fraud, security systems/electronic devices and solar panels.
Added information under Transfer and Recordation Fees regarding DC reduced recordation taxes.

Property Condition Disclosure Paragraph added “In both jurisdictions, real estate licensees have statutory obligations and both licensees and Sellers may have additional common law obligations to disclose material facts and defects to prospective Buyers.
Deleted the following information that is redundant and  contained elsewhere in the contract forms:

Inspection Paragraph deleted the long list of hazardous substances as this in included in the GCAAR contract.

Homeowner Associations, Condominiums, Cooperatives Disclosure Paragraph, collapsed paragraph to one paragraph for MD and DC and removed the sentences regarding the buyers period of review, since they are informed of this on the requisite addenda.

Property Condition Disclosure/Disclaimer Paragraph collapsed the MD and DC paragraphs to one paragraph and removed the information regarding Buyer right to void as it is repeated on the disclosure forms.

Rental Related Changes

GCAAR Form #1221, “Rental Lease Agreement for DC”

A minor legislative change was made in Paragraph 25, Section B to ensure that those using the form are aware that in DC a ‘month-to-month’ tenancy can specifically be terminated in 30 days.

GCAAR Form #1204, “DC Rental Application”

The District of Columbia’s Fair Criminal Record Screening for Housing Act of 2016 prevents unlawful screening of a housing applicant’s criminal background.
The law imposes several new requirements for rental housing providers including: (1) provision of written notice of rent eligibility criteria to applicants; and (2) not making an inquiry or asking any questions related to an applicant’s criminal background or arrest history at any time prior to making a conditional offer of housing to the applicant.
Information was added to the Form in the Disclosures section alerting those using the Form to the law and allowing them access to all of the resources and DC Government Forms related to the law.

It is accessible at https://ohr.dc.gov/page/returningcitizens/housing.

 

2017

GCAAR Forms Updates October 2017

GCAAR Form #900, REA-Regulations, Easements and Assessments Disclosure and Addendum

  • Information was added to municipal regulations regarding Moderately Priced Dwelling Unit (MPDUs)
  • The airports were updated.
  • Minor technical corrections were made through out the form.

GCAAR Form #909, Montgomery County Addendum to the Listing Agreement

  • A new paragraph was added regarding Maryland’s new “Open House” law and certain paragraphs were renumbered to better reflect the content of the form.

GCAAR Form #914, Seller’s Estimated Costs Worksheet

  • More specific information regarding FIRPTA was added.

GCAAR Form #1313, Washington, DC Jurisdictional Addendum

  • Information regarding DC’s new First-Time Homebuyer Reduced Recordation Tax Benefit was added.

GCAAR Forms #1330, FHA Financing Addendum,  #1338, VA Financing Addendum, and #1352, Conventional Financing Addendum

  • Under the Specified Financing, First Deed of Trust, section, the phrase “within 7 days of ratification” was added for specificity.
  • A paragraph on “Alternate Financing” was added.

GCAAR Form LEAD-DC, DC Lead Disclosure Form

  • DC has a new Lead Disclosure Form (LEAD-DC).  The form has been significantly simplified and shortened, reflecting GCAAR’s input.  LEAD-DC will replace previous forms 917A and 917B. The DC Lead Laws Resource and Information Guide is now called Info-Lead.

Click here to view the October form update changes in PDF format.

GCAAR Forms Updates September 6, 2017

GCAAR Form 909: Montgomery County Jurisdictional Addendum to the Listing Agreement
• An extraneous reference to Understanding Whom Real Estate Agents Represent was deleted.

GCAAR Form 910: Listing Agreement
• Specific percentages related to FIRPTA were deleted, as there is variation depending on the particular situation.  An accountant or tax attorney should be consulted to determine the specific amount per transaction.

GCAAR Form 911: Inclusions/Exclusions
• “Water Treatment” was corrected to “Window Treatment”
• Certain formatting changes were made to make the form simpler to use.
• An extraneous reference to GCAAR Form #1339 was deleted.

GCAAR Form 21: DC Condo Disclosure/Addendum
• DC’s Condo Bill of Rights and Responsibilities was added to the Condo Instruments section to account for a change in law.

GCAAR Form 1228: Rockville Lease Addendum
• Conforming updates were made to account for Montgomery County’s new rental laws.
• Paragraph 3 (Eviction Assistance) – Added names of agencies that assists with evictions – “Office of Landlord Tenant Affairs” and “Montgomery County Department of Health and Human Services”.
• Paragraph 5 (One-Year Lease Offer) – Section C – Added name of agency “Rockville Office of Landlord Tenant Affairs”.
• Paragraph 6 (Ground Maintenance) – This is a new paragraph.
• Minor additional technical corrections were made throughout the form.

Montgomery County Lease Summary – English and Spanish
• Both versions in full are now available, in addition to the links on the checklists.

 

 

GCAAR Forms Updates July 3, 2017 

All Applicable Montgomery County and District of Columbia GCAAR Forms. 

The 9 p.m. deadline was changed to 6 p.m. consistently throughout all applicable GCAAR Forms. In addition, the 8 p.m. deadline was changed to 6 p.m. in Section 4 -Final Inspection of GCAAR Form 1309: Post-Settlement Occupancy Addendum

GCAAR Form 904: HOA Seller Disclosure / Resale Addendum MoCo,
GCAAR Form 921: Condo Seller Disclosure / Resale Addendum DC, and 
GCAAR Form 922: Condo Seller Disclosure / Resale Addendum MoCo


Certain conforming protocol and technical amendments (including headings and parking), were made to the forms to ensure they conform to other GCAAR forms, as well as to each other. 

GCAAR Form 911: Inclusions / Exclusions
Overall, the Form was reformatted and simplified.
Leased items are now better reflected on the Form.
Yes / No boxes were removed to simplify the Form. Now there are only checkboxes.
The items were re-categorized for ease of use and to better group items together.
The provisions now have headings that more accurately reflect their purpose.

GCAAR Form 920: Listing Agreement for Unimproved Real Property
This Form was updated to conform entirely with updated GCAAR Form 1306: Unimproved Real Property Sales Contract

GCAAR Form 924: Co-operative Seller Disclosure / Resale Addendum for Maryland and the District of Columbia
It was brought to the attention of the Forms Committee by attorneys focused on co-ops, that our current form is currently outdated and is in need of a number of corrections. The form was updated accordingly. 

Main changes include:
Heading was updated
The Form is now 'required' as opposed to 'recommended'
Parking section was updated

Paragraph A in Section 4, "Seller's Representation" was updated as follows:
Seller is presently a member of the Co-operative and the owner of the Proprietary Documents (to include, but not limited to, shares of stock and proprietary lease, perpetual use and equity contract, co-operative ownership contract or other documents hereinafter referred to as the proprietary documents) and has full right and authority to sell, transfer and assign same free and clear of all liens, security interests and encumbrances except as disclosed in this Contract or any signed Additional Provisions Addendum attached hereto.

Paragraph D in Section 5, "Co-Operative Documents and Statements" was added:
A. The Co-operative application for approval along with a list of supporting documents and information as may be required, and submission instructions.

In Part II, Section 2 was updated as follows:
1. Ownership CONTRACTING PARTIES: Paragraph is amended to provide the Proprietary Documents (to include, but not limited to, shares of stock and proprietary lease, co-operative ownership contract or other documents hereinafter referred to as the proprietary documents) are to be executed and delivered in lieu of the Deed.

The property, and everything that conveys with it, will be sold free of liens except for any loans assumed by Buyer. Seller will sign any affidavits, lien waivers and other documents as may be required by the Lender, Settlement Agent, or government authority, and authorizes the Settlement Agent to obtain pay-off or assumption information from any existing lenders. The manner of taking ownership may have significant legal and tax consequences. Buyer is advised to seek the appropriate professional advice concerning the manner of taking ownership. Unless otherwise agreed to in writing, Seller will pay any special assessments and will comply with all orders or notices of violations of any county or local authority, co-operative or actions in any court on account thereof, against or affecting the Co-operative on the Settlement Date. The parties authorize and direct the Settlement Agent to provide a copy of the Closing Disclosure to Seller, Buyer, Listing Company, Selling Company, Co-operative, Relocation Company and/or any third-party payees reflected on the Closing Disclosure.

In addition to conforming changes, the following sentence was added to the "Recognition Agreement" Section in Part II:
The Aztec form of recognition agreement is not approved for Maryland and DC

Co-operatives.
In Part II, Section 6 was updated as follows (with certain other minor grammatical changes):
CO-OPERATIVE APPROVAL AND GOVERNING DOCUMENTS: This Contract is conditioned upon Buyer being approved for membership and occupancy by the Board of Directors of the Co-operative, whether an individual or a Trust. It is the responsibility of Buyer to obtain such approval. Buyer agrees promptly to prepare and to present to the Co-operative an application for approval within 14 days of receipt of Co-operative Documents, with such supporting documents and information as may be required, and Buyer agrees that failure to do so shall give the Seller the right to terminate this Contract in accordance with the paragraph labeled DEFAULT. Buyer understands that approval is solely the decision of Board of Directors of the Co-operative and Buyer agrees that neither Seller nor any of the Agents shall be liable for the action or non-action of the Board of Directors in connection therewith. If approval is denied, the Deposit shall be returned to Buyer promptly, without deductions, and this Contract thereafter be of no further force or effect. If approval is delayed, the time herein specified for Settlement by Buyer shall be extended for the period necessary for such action. If delay is longer than 30 days, buyer may declare this contract null and void. This sale is subject to the terms of the certificate of incorporation; by-laws, rules and regulations of the Co-operative, the assigned Proprietary Documents and this Contract and signed addendum attached hereto (if any).

GCAAR Form 1306: Unimproved Land Sales Contract
The Form was updated and reformatted to reflect the new provisions of the GCAAR Sales Contract. Provisions that were unnecessary were deleted and language that was outdated was technically updated. The revised Form is overall shortened and more concise. 

EPA Lead Brochures
EPA released a new June 2017 "Protect Your Family From Lead in Your Home" brochure. This was updated accordingly. 

Montgomery County Lease Summary
The latest version of the "Montgomery County Rental Lease Summary" was added to the library.

Click here to view the July 3 form update changes in PDF format.

GCAAR Forms Updates June 21, 2017

GCAAR Form 910: Listing Agreement for Improved Real Property and Co-Ops & GCAAR Form 1341, Buyer Agency Agreement
•       Understanding Whom Real Estate Agents Represent was deleted from both GCAAR Form 910 and GCAAR Form 1341 as an automatically-required form.

Additional changes to GCAAR Form 910:
•       Carbon Monoxide Detector Requirements were added to Paragraph 18, Smoke Detector Requirements, to adhere to DC’s requirements.  Learn more about DC’s Smoke Detector and Carbon Monoxide Detector Requirements here.

•       Paragraph 21, Federal Tax Reporting/Withholding Section, was updated to adhere to revised Foreign Investment Real Property Tax Act Withholding  requirements from 10% to 15%.

GCAAR Forms 1205, 1210, and 1226, have now all been amended to adhere to the requirements for the new Montgomery County rental law (Bill 19-15, Landlord-Tenant Relations).

GCAAR Form 1205: Residential Lease, Montgomery County
Additional modifications were made in Paragraph 41, regarding acknowledgement of lead law-related information.

GCAAR Form 1210: Montgomery County Lease Rental Lease Renewal Amendment
•       The title was changed
•       The renewal notice period was changed from 60 to 90 days
•       The rent increases section was modified
•       There are now one year and two year extension options.

GCAAR Form 1226: Single Family Rental Property in Montgomery County Addendum (previously updated)


If you are engaged in the business of managing rental properties, we also highly encourage you to visit the Montgomery County Department of Housing and Community Affairs’ Landlord/Tenant Relations website here and read their overview of the new law here.

Click here to view the June 21 form update explanations in PDF format.


GCAAR Forms Updates April 1, 2017

GCAAR Form 1205: Residential Lease, Montgomery County and GCAAR Form 1226: Single Family Rental Property in Montgomery County Addendum 

Both GCAAR Forms 1205 and 1226 were amended to adhere to the requirements for the new Montgomery County rental law (Bill 19-15, Landlord-Tenant Relations). If you are engaged in the business of managing rental properties, we also highly encourage you to visit the Montgomery County Department of Housing and Community Affairs' Landlord / Tenant Relations website here and read their overview of the new law here.

GCAAR Form 1205: Residential Lease, Montgomery County
In Paragraph 10, information was added to allow repairs by tenant if County inspection found repair a safety issue whereby Landlord has not done repair.

In Paragraph 19D, information was added regarding the 72-hour notice requirement from landlord for inspection from Housing Code Enforcement.

In Paragraph 34A, information was added regarding cancellation leases due to reasonable cause beyond Tenant's control, including domestic violence, senior citizen, incarceration or mental health issues.

In Paragraph 36, additional information was added to adhere to the requirement of 90 days notice for rental increases.

In Paragraph 42, information was added regarding the Summary of Tenants' Rights and Responsibilities. [Note: There will be an updated version of this Summary available from DHCA in June 2017. GCAAR will be updating its library once the updated Summary is available. Until then, we have been advised by DHCA to use the current Summary on their website.]

In Paragraph 43, information was added regarding the Landlord-Tenant Handbook requirements.

GCAAR Form 1226: Single Family Rental Property in Montgomery County Addendum
In Paragraph 5, additional language was added regarding the new two-year lease renewal option requirement.

GCAAR Form 1210: Rental -
Rental Increases and Lease Extensions Addendum
Please be advised GCAAR's Property Management Committee is in the process of reviewing GCAAR Form 1210, for any conforming changes that may be needed.

GCAAR Condominium Disclosure and Addendum Forms 921 (DC) and 922 (Montgomery County) 

Technical Note:
GCAAR Condominium Disclosure and Addendum Forms 921 (DC) and 922 (Montgomery County), currently on GCAAR's website, reflect Paragraph 3 below. Please ensure you are using the correct form. 

3. MANAGEMENT AGENT OR AUTHORIZED PERSON: The management agent or person authorized by the Condominium to provide information to the public regarding the Condominium and the Development is as follows:
Name: ___________________________ Phone: __________________________
Address: __________________________________________________________

View the April form update explanations in PDF format.

 


GCAAR Forms Updates February 1, 2017

GCAAR Form 900: Regulations, Easements and Assessments (REA)

The Radon Provision of the REA was updated to more clearly reflect the requirements of the law, including Montgomery County Department of Environmental Protection website information.

GCAAR Form 907B: Lead Paint - Federal Disclosure of Lead-Based Paint and Lead-Based Paint Hazards for RENTALS

The Form was amended to adhere to the federal lead requirements more specifically for rentals.

The columns that separated "The Landlord's Disclosure" and the "Tenant's Acknowledgment" were eliminated.

Under "Tenant's Acknowledgment" extra vertical lines for initials were added.

GCAAR Form 921: Condo Seller Disclosure / Resale Addendum DC and GCAAR Form 922: Condo Seller Disclosure / Resale Addendum Montgomery County

The following two technical changes were made under "Parking and Storage" on both forms:

[  ] Parking Space #(s) ____________________ and it [  ] is [  ] is not Separately taxed.(Conveyed by Deed removed)

If Separately taxed: (Conveyed by Deed removed): Lot _____________ Square _____________, Lot _____________ Square _____________

[  ] Storage Unit #(s) ____________________ and it [  ] is [  ] is not Separately taxed. Conveyed by Deed.

If Separately taxed: (Conveyed by Deed removed): Lot _____________ Square _____________, Lot _____________ Square _____________

The changes are technical and the reasoning behind the change is that parking often does not correctly appear in the deed: it is critical to look at the actual tax records.

GCAAR Form 1221: Residential Lease

The Form was updated to adhere to DC's recently passed "Rental Late Fee Amendment Act of 2016." Changes were made in paragraph 4 (Additional Charges) only. A sentence was changed to show that a late charge was due thirty days from the date assessed. Additionally, since the law specifically states that the 5-day late period is, in fact, a 'grace period,' the language specifying that it is not a grace period was removed.

. . . Tenant must pay Landlord, in addition to the rent, a late charge in the amount of five percent (5%) of the monthly rent. However, the five (5) day late period is only for the assessment of late fees, NOT a grace period, and the rent is due and payable on the first of each month. The late charge is due thirty (30) days from date assessed. Such payment is not a waiver of the requirement that rent is due on the first day of the month. . . .

GCAAR Form 1330: FHA Financing Addendum and GCAAR Form 1338: VA Financing Addendum

Both the FHA and VA Financing Addenda were updated to directly correlate / conform to the recently updated Conventional Financing Addendum.

GCAAR Form 1332: Addendum of Clauses A

The word "contingency" was changed to "right" in the Home Inspection Contingency Section (see below). The intent is that should someone begin to negotiate under paragraph A, the rights under B would be terminated, but you would still have the right to negotiate under A. By changing "contingency" to "right" in these paragraphs, clarity in language is effectuated.

[  ]   A. RIGHT TO NEGOTIATE: This right (contingency removed) will terminate . . .

[  ]   B. RIGHT TO CANCEL: This right (contingency removed) will terminate . . .

GCAAR Form 1337: Financial Information Sheet

Overall, the Form has been significantly shortened and tightened to omit any information that is not essential to the purpose of the Form. All extraneous information has been deleted.

The Contact and Employment questions on the Form have been shortened.

GCAAR Form 1342: Notice to Buyer and Seller of Buyer's Rights and Seller's Obligations Under Maryland's Single Family Residential Property Condition Disclosure Law and GCAAR Form 1359: Conservation Easement Addendum 

Both required forms are available on both GCAAR and zipForm, now with a GCAAR header. These forms, which directly state the requirements of the law, previously had