Smart Home Features in Real Estate: Flexibility Over Forms

Q: A seller I am representing just accepted an offer on their property. I’m looking for a form to comply with Section 22 Smart Home Features. Why can’t I find a form listing all of the smart home features so the seller can indicate which ones they have for the buyer?

A: Section 22 of OREF 001 – Residential Real Estate Sale Agreement does indeed require the seller to identify all of the smart home features included with the property in writing within a default of 3 business days from the Effective Date. However, there is no form in the OREF library for that purpose. Today’s technology is always changing, and new smart home devices are constantly being released for sale to the public. It would not be possible to create an all-inclusive list of those features and keep it up to date. Sellers have the option to provide the information in any format they desire: on an addendum, via an email list, etc.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.