Arizona Constitution Article 26 - RIGHT OF LICENSED REAL ESTATE BROKERS AND SALESMEN TO PREPARE INSTRUMENTS INCIDENT TO PROPERTY TRANSACTIONS
Here is the text and explanation of Article 26 of the Arizona Constitution:
Arizona Constitution – Article 26
Right of Licensed Real Estate Brokers and Salesmen to Prepare Instruments Incident to Property Transactions
Text:
“Any person licensed as a real estate broker or real estate salesman by the state of Arizona shall have the right to prepare all instruments incident to a property transaction, including but not limited to: contracts, conveyances, mortgages, deeds, and leases. No such person shall charge a separate fee for the preparation of such instruments.”
Explanation:
✅ Who It Applies To:
Individuals licensed in Arizona as real estate brokers or salespersons.
🛠️ What It Allows:
These licensed individuals may prepare documents related to property transactions, such as:
Contracts
Conveyances
Mortgages
Deeds
Leases
This grants brokers and salespeople limited legal authority to prepare legal documents—normally something that might require a lawyer.
💵 Important Limitation:
No separate fee may be charged specifically for preparing these documents.
This prevents brokers from profiting directly off legal document preparation, maintaining a clear boundary with the legal profession.
⚖️ Purpose:
This provision ensures efficiency and cost-effectiveness in real estate transactions, while protecting consumers from unauthorized legal charges.
It recognizes the practical role real estate professionals play while not allowing them to act as attorneys.
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