Rule 37.5 - Limited real estate practice(1)Purpose. The purpose of this rule is to authorize nonlawyers to select, prepare, and complete certain legal documents incident to residential real estate transactions of four units or less. The preparation of documents beyond that authorized by this rule may constitute the unauthorized practice of law.(2)Scope of practice authorized. Except to the extent authorized by this rule, the selection, preparation, and completion of legal documents in connection with real estate transactions by nonlawyers constitutes the unauthorized practice of law unless the nonlawyer is acting on his or her own behalf as a buyer or seller.a. Upon written request of a buyer or seller, a nonlawyer may select, prepare, and complete form documents for use incident to a residential real estate transaction of four units or less. Such documents are limited to: (1) Purchase offers or purchase agreements, provided the parties are given written notice that these are binding legal documents and competent legal advice should be sought before signing.(2) Groundwater hazard statements.(3) Declaration of value forms.b. Nonlawyers cannot select, prepare or complete: (2) Real estate installment sales contracts.(3) Affidavits of identity or nonidentity.(4) Affidavits of payment of spousal or child support.(5) Any other documents necessary to correct title problems or deficiencies.c. Nonlawyers may not charge for preparation of the legal documents authorized by this rule.Comm. Unauth. P. Law 37.5
Court Order May 23, 2001; November 9, 2001, effective 2/15/2002; 12/13/2017, effective 1/1/2018.