We need to rethink some of the stuff we put in ads, contracts, the MLS and flyers, and remember that writing should be concise and free of ambiguity, particularly with contracts.

Abbreviations are a big problem.

For example, it is not uncommon to us abbreviate June to JUN and July to JUL. Just one more letter and we had it!

Try this: Put on a small piece of paper, the letters “COE” and “TBD”. Now present those to non-licensees asking for their meaning. Maybe 10 percent of Mr. and Mrs. America have a clue what they mean. If they don’t know what they mean, it is probable your customers and clients don’t either. At that point we may have created a major problem

Arizona, where I live, stands alone with its constitutional authority for a licensee to draft real estate contracts. Our buyers come from all over the place, some don’t even use escrow and lawyers write the contracts. How does the use of “COE or “TBD” meet the requirement of a contract to be clear and concise?

Here’s another challenge. Licensees don't always use the same abbreviations from state to state. Can you define these abbreviations? 1.5, 3ST, RAN, COL, CAP, BUN, BKW, BKV, WDS, ASS, CAN, SPA, FIN, PAR, ONE, TWO, B, HEA, SCR AND FEN. These are very common in markets like Boston.

Editor's note: For definitions of the abbreviations, click here.

When people come here from another market, they are familiar with the definitions used back there. Then they see our stuff and they are confused. There are times that confusion imports ambiguity, and then mistakes are made. So when we use our abbreviations, we aren’t on the same sheet of music with our client/customer base. This problem needs to be fixed!

Abbreviations are a means of communication from within each of our market areas and should be limited to communications between each other. As soon as you use them in flyers, ads, contracts and e-mail you begin to alienate your potential client.

Relax, spell it out or leave it out.

Another shortcut that works for us but not for the consumers is the way we tend to use the contract.

This document is nine pages of war and peace. It is sophisticated and complex as it defines the rights and obligations of the buyer and sellers and binds them to remedies. So when does the typical buyer or seller see the contract for the first time? My experience suggests that they see the nine pages and any supporting documents for the first time when they are being asked to sign it. That is the type of shortcut that can raise the eyebrows of a jury right up to their hairline.

Let’s slow down, give your customer/client a copy of the contract early so they can digest what they are expected to sign. This little change in our work habit can reduce exposure to complaints of all types.

Cec Daniels, GRI, ePRO, is an Arizona broker and real estate educator.

Published: May 15, 2003

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