There are standard form real estate addenda in Florida that real estate agents can provide to their clients. For instance, there is a form addendum that extends the real estate contract. Real estate agents can provide their clients such form addenda and help their clients fill in the form. However, addenda or an amendment that is more complex should not be drafted by a real estate agent. Drafting a non-form addenda or amendment can be construed as the unauthorized practice of law.
If a real estate agent drafts an amendment that results in the real estate contract being unenforceable, then the real estate agent and brokerage can be held liable for damages and sued for the unauthorized practice of law. Real estate agents should only provide their clients standard form addenda from the Florida Bar or Florida Association of Realtors. If there is no addenda from the Florida Bar or Florida Association of Realtors that meets the needs of the client’s situation, then the real estate agent should tell their client to have a real estate attorney draft the addendum.