No, I have not been sniffing the fumes to get high. But I have been using it to highlight the areas we want our clients to sign and date.
I was teaching a transaction management class last week in Sacramento and while I was boasting about my highlighting expertise, a student mentioned she had taken a contract class earlier in the week and the instructor said use of a highlighter on a contract/addendum or disclosure is a no-no! However, using a "sign here" sticky is acceptable.
The reason given is that it encourages the client to sign documents without fully reading what it says!
I have heard that some brokerages have a rule for this but I just chalked it up to corporate attorneys who are trying to earn their retainer fee by creating these ah, rules. Now I'm worried that the California Association of Realtors has adopted this which changes the whole game.
I left a message with the legal department at CAR and to date have not heard back, but I'll let you know what the outcome is when I do!
I can think of a couple of reasons this rule does NOT make sense.
•1.) If highlighting areas distract clients from reading the document, then wouldn't text in bold or CAPS or a slightly bigger or smaller font also distract the reader?
•2.) How do "sign here" stickies not distract the client from reading a document but a highlighter does? The only advantage I see is you can rip them off before you are put in front of Judge Judy and deny you ever directed your client to sign.
•3.) Clients DO have difficulty knowing where to sign. If you do not direct them, they either don't sign or sign in the wrong area (how about the broker's review line on the CAR contracts--grrrrr!).
I believe in keeping things as simple as possible for our clients and ourselves. Keeping paperwork moving in a smooth and hassle-free manner ensures all documents are properly signed for DRE compliance.
Can you think of any reason why someone would want to support or dispute a ban on highlighting?
Please don't take away my highlighter-I'm an addict, I can't help myself!
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We all know the lesson read all documents before you sign. So I don't think highlighting or sticky should make any less distraction. Hang on to the highlighter let us know the out come.