Special 1-14-15 TAR DIGEST Update


A Hot Line Question and Answer that was published in the 1-13-15 Edition of the DIGEST generated many comments and, unfortunately, some confusion. This Special Update should be considered a retraction and clarification of the issues regarding use of the 2015 TAR forms!

THE ORIGINAL QUESTION:
I received an email stating that any form that has a written Realtor’s name, as opposed to an automatically generated one, is not valid. Is this correct?

CORRECT ANSWER:
There is no Tennessee Code or Case Law in which TAR forms that do not contain the digital input of the Authorized User’s Name makes the form INVALID. They are legal.

HOWEVER:
Realtor Names are automatically inputted onto the TAR forms for the purposes of authenticating that the person originating any TAR form is an authorized TAR member. It also tells all parties in the Transaction that the named person is involved in the Transaction.

TAR forms that are generated from any of TAR’s distribution methods will always input the name of the agent in the forms automatically. Tampering of this field by handwriting the name in the field (pen and ink) OR just a blank field is a RED FLAG that indicates to our membership that possible copyright infringement may be taking place. All members are encouraged to call TAR and let us know that you suspect copyright infringement. We will investigate all issues that are reported. If the person who may have handwritten the name on the form (or it is blank) is not an authorized user, TAR will enforce it’s copyright under the Federal Copyright Law. This does not mean the form is invalid/illegal.

Because there have been so many copyright infringements over the past several years, the TAR leadership (Executive Committee and TAR Board of Directors) voted to implement names at the bottom of the forms. This means that downloading a zipped file and providing blank forms to agents is not available any longer.

We have firms that ARE NOT “ALL REALTOR” firms that are providing TAR forms to unauthorized users for their use in real estate. We also border 8 states in which secondary members are downloading TAR forms and providing the forms to the licensees in their offices. There are also instances in which members are uploading TAR forms to web sites that are public. The list goes on and on.

Because of this, you will no longer be able to print blank forms (without agent names inputted) for the entire office. Any manipulation of the footer name field in which the name has been stripped will be considered a RED FLAG and membership should report these instances.

You can print out blank forms (with your name inputted) and then fill it out later with pen and ink (handwritten input).

Each agent will be able to print their own forms through several methods:

TransactionDesk
Forms on the Fly – TAR’s site
3rd party vendors (e.g. dotloop, etc.)


Alternatives Using Transactiondesk For Creating Forms Packages

BROKERS CAN:

1) Broker logs into to TransactionDesk
2) Click on the Broker Tools TAB
3) Create Quick Start Packages
4) Share these packages with all agents in the office – which requires that the agents are using TransactionDesk

There is an online screencast that shows this process. To view it, go HERE.

OR
Broker can print forms for agents in the office.

1) Broker log into TransactionDesk
2) Click on the Broker Tools TAB
3) Click on Switch User and select the User they want to print forms for. IF a user is not in the list, it’s because they’ve never logged into TransactionDesk.
4) You are now in the User’s account as if you were that person. You can do anything (Print forms, create transactions, etc.)
5) Once finished click on the Broker Tools TAB

There is also a screencast showing this process. To view it, go HERE.

If an individual agent wants to download multiple forms with their names inputted and then print and make their own copies:

AGENTS CAN:

1) Create a Transaction… give it a name
2) Only add the forms they want to use on a regular basis
3) Package all forms (located in the Forms section of the Transaction)
4) Download the package to their computer
5) Open the package whenever they want and print forms in that package

A screencast showing this process is HERE.

OR
Agents can print individual forms from “Forms on the Fly”.

A screencast showing this process is HERE.