The method of calculating the reference date for fiduciary matters also differs between the AIR and CAR forms. Since the CAR agreement is linked to the date of acceptance, the extension of the purchaser`s date, in order to eliminate any eventuality, does not automatically extend the deadline for the trust. Most brokers forget what a loophole can create for the seller to serve a message, to perform and perhaps notice the cancellation of the trust. This is a common practice in today`s „sellers market.“ The Air and CAR forms differ in the sale of a signed sales and sale agreement. The AIR agreement does not require the seller`s consent for a buyer to waive his rights to the agreement. This makes it much easier for Treuhand to change the buyer into an LLC owned by the buyer or a third party so that the buyer can make a quick flip. Paragraph 1.1 of the AIR agreement provides, in the last part of 1.1, that the buyer can give up the contract, but obliges the seller to expressly release the buyer (which means hardly much). The CAR agreement is more restrictive because it requires the seller`s approval for any transfer of the buyer`s interest in the agreement. From a practical point of view, the buyer can give in because it would probably be unreasonable for the seller to withhold consent. But this clause can give rise to unnecessary litigation if the seller wants to play games.
The CAR clause is provided for in paragraph 30 and specifies in a relevant part: „The buyer`s recourse to such an arbitration procedure or his participation in such arbitration cannot exclude the buyer`s claim for damages and/or special services, unless the arbitration procedure results in the assignment of damages and/or losses in liquidation, in this case in the event that such arbitration constitutes a blockage of any action of the purchaser in damages and/or special benefits.“ Most „commercial brokers“ will use the AIR form if they represent a seller because he has passive contingencies (automatic removal). CAR forms are usually used when the broker is not part of the AIRCRE organization that concedes these forms. The CAR form is usually cheaper for a buyer. I am a member of both organizations and I use AIR and CAR forms. I also used CAR forms for sellers, as for everything, it depends. 😊 Regarding the damage of the liquidation to be inseminated by the seller, I think the two forms do not protect the seller. The law hating forfeiture and the civil code section 1671 provides for a very high burden for the seller to keep the deposit. But I have a secret way to help sellers find another item, maybe 😉.