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The WB-42 form serves as a critical instrument in the realm of real estate transactions in Wisconsin, facilitating the amendment of an existing listing contract. This form, which became mandatory for use on March 1, 2010, allows parties involved to modify significant details pertaining to their agreement. Among the key elements it addresses are changes in the listing price of a property, which can significantly impact its marketability and sales strategy. Additionally, the form provides options for altering the expiration date of the contract, enhancing flexibility in the listing duration based on market conditions or seller needs. The WB-42 also permits adjustments to the specific items included in the property sale, ensuring clarity on what exactly is being offered. Notably, it maintains the integrity of all other terms outlined in the original contract, preserving previously agreed-upon conditions while allowing for necessary updates. Caution is emphasized within the form, as agents must obtain written consent from their supervising brokers for certain modifications, thereby ensuring all parties are informed and involved in the decision-making process. This form exemplifies how structured documentation can lead to smooth negotiations and clearer communication in real estate dealings.

Wb42 Example

Approved by the Wisconsin Real Estate Examining Board 7-1-16 (Mandatory Use Date)

WB-42 AMENDMENT TO LISTING CONTRACT

1It is agreed that the Listing Contract dated _____________________, between the undersigned, for sale/rental of the

2property known as (Street Address/Description) ________________________________________________________

3________________________________________________________________ in the _______________________ of

4____________________________, County of ____________________________ , Wisconsin, is amended as follows:

5The list price is changed from $_________________________________ to $ ________________________________.

6The expiration date of the contract is changed from midnight ________________________________, ____________

7to midnight ___________________________________________________________________, ________________.

8The following items are (added to)(deleted from) STRIKE ONE the list of property to be included in the list price:

9______________________________________________________________________________________________

10______________________________________________________________________________________________.

11Other: _________________________________________________________________________________________

12______________________________________________________________________________________________

13______________________________________________________________________________________________

14______________________________________________________________________________________________

15______________________________________________________________________________________________

16______________________________________________________________________________________________

17______________________________________________________________________________________________

18______________________________________________________________________________________________

19______________________________________________________________________________________________

20______________________________________________________________________________________________

21______________________________________________________________________________________________

22______________________________________________________________________________________________

23______________________________________________________________________________________________

24______________________________________________________________________________________________

25______________________________________________________________________________________________

26______________________________________________________________________________________________

27______________________________________________________________________________________________

28______________________________________________________________________________________________

29______________________________________________________________________________________________

30______________________________________________________________________________________________

31______________________________________________________________________________________________

32______________________________________________________________________________________________

33______________________________________________________________________________________________

34ALL OTHER TERMS OF THIS CONTRACT AND ANY PRIOR AMENDMENTS REMAIN UNCHANGED.

35___________________________________________ (x) _______________________________________________

36

Firm Name 

Seller’s/Owner’s Signature 

Date 

37

 

Print name 

 

38(x) ________________________________________ (x) _______________________________________________

39

By Agent for Firm

Date 

Seller’s/Owner’s Signature 

Date

40

Print name 

 

Print name 

 

41CAUTION: This Listing belongs to the Firm. Agents for Firm do not have the authority to enter into a mutual

42agreement to terminate a listing contract, amend the commission amount or shorten the term of a listing

43contract, without the written consent of the Agent(s)’ supervising broker.

44This written consent may be obtained with the supervising broker’s signature below or a separate consent.

45(x) ____________________________________________________________________________________________

46 Supervising Broker’s Signature  Print name 

Date 

Form Characteristics

Fact Name Description
Approval Date The WB-42 form was approved by the Wisconsin Real Estate Examining Board on November 1, 2009.
Optional Use Date This form became available for optional use starting on March 1, 2010.
Mandatory Use Date Use of the WB-42 form became mandatory on March 1, 2010.
Purpose This form serves as an amendment to a listing contract for real estate transactions in Wisconsin.
Customization Users can amend the list price, expiration date, and include or exclude items from the property list.
Legal Authority The use of this form is governed by Wisconsin real estate laws and regulations.
Agent Limitations Real estate agents may not alter the listing contract or terminate it without their supervising broker's written consent.
Contract Integrity All other terms of the original contract and any prior amendments remain unchanged when using this form.
Signature Requirement The form requires signatures from the broker and all sellers involved in the transaction.
Versatility The WB-42 can be utilized for various amendments, including changes to pricing and property details.

Guidelines on Utilizing Wb42

Once you have gathered the necessary information, you can proceed to fill out the WB-42 Amendment to Listing Contract form. Ensure you have the correct date and details of the property in question, as this form will officially modify the existing listing contract.

  1. Locate the date of the original listing contract and fill it in on the first line.
  2. Fill in the street address or description of the property in the space provided.
  3. Complete the field for the city or village where the property is located.
  4. Enter the county name in the next blank space.
  5. If changing the list price, indicate the old price and the new price in the specified areas.
  6. For an extension, provide the old expiration date and the new expiration date for the contract.
  7. If there are items you need to add or remove from the list to be included in the price, note those changes clearly.
  8. If there are any other amendments or changes to be made, provide details in the indicated section.
  9. Double-check to ensure all fields are accurately filled out and that you have completed any optional fields as necessary.
  10. Obtain the signatures of all sellers and the broker/firm, along with their printed names and dates.

What You Should Know About This Form

What is the purpose of the WB-42 form?

The WB-42 form is used to amend an existing listing contract for real estate in Wisconsin. It allows parties involved in the sale of property to make changes to specific terms of their original listing agreement. Modifications may include changes to the list price, expiration date, or items included in the sale.

When is the WB-42 form required?

The WB-42 form is necessary when the parties want to make amendments to the original listing contract after it has been executed. This includes changes to pricing, contract duration, or the property included in the sale. It became mandatory for use starting March 1, 2010, after an optional use period that began on November 1, 2009.

What information must be included in the WB-42 form?

Key information required on the WB-42 form includes the date of the original listing contract, property details such as street address and county, and the specific amendments being made. This may involve changes to the list price, the expiration date of the contract, and any adjustments to items in the property listing.

Who is authorized to make amendments using the WB-42 form?

Only individuals with the appropriate authority are allowed to sign the WB-42 form. While agents may assist in preparing the amendment, they must receive written consent from their supervising broker before agreeing to any significant changes, such as terminating the contract or altering commission rates.

What happens to the original contract after the WB-42 form is filed?

Once the WB-42 form is properly filled out and signed by all parties, it serves to update the original listing contract. All other terms and previous amendments remain unchanged unless explicitly amended in the WB-42 form. Therefore, it is crucial to ensure accuracy in this documentation to avoid any potential disputes.

Common mistakes

Filling out the WB-42 form properly is crucial for ensuring a seamless amendment to a listing contract. One common mistake people make is overlooking the date of the original listing contract. This field is essential because it establishes a reference point for the amendments being made. Failing to fill in the date correctly can lead to confusion about the contract's terms and its validity.

Another frequent error involves neglecting to specify which items are being added or deleted from the list of properties. The form allows users to indicate changes clearly, but if these additions or deletions are not explicitly stated, it may result in disputes or misunderstandings later on. Clarity is key in ensuring all parties understand the scope of the amendments.

Some individuals also mistakenly skip signing and dating the document. Both the broker and the sellers must provide their signatures and dates to validate the amendment. Without these signatures, the changes made through the WB-42 form will not hold legal weight, potentially undermining the entire amendment process.

Finally, people often ignore the cautionary note provided regarding agents. Agents cannot unilaterally make decisions about the termination, commission amounts, or amendments without the supervising broker’s written consent. Ignoring this stipulation may lead to unauthorized agreements, which can complicate negotiations and create legal issues.

Documents used along the form

When dealing with real estate transactions in Wisconsin, several forms complement the WB-42 Amendment to Listing Contract. Each document serves a specific purpose to ensure clarity and legal compliance in the process. Below are six commonly used forms that may be relevant.

  • WB-1 Residential Listing Contract: This is the primary agreement between a seller and a real estate broker. It outlines the terms of the listing, including the duration, pricing, and the obligations of both parties.
  • WB-44 Seller's Disclosure Statement: This document requires sellers to disclose specific information about the property. It includes any defects or issues that could affect the buyer's decision.
  • WB-36 Counter-Offer: Often used in negotiation, this form allows a seller or buyer to respond to an offer with modified terms. It helps facilitate a back-and-forth dialogue until both parties reach an agreement.
  • WB-11 Offer to Purchase: This is the formal offer from a buyer to purchase a property. It details the terms, including price, closing date, and any contingencies that must be met for the sale to proceed.
  • WB-45 Amendment to Offer to Purchase: This form is necessary when changes need to be made to an existing offer. It documents the amendments agreed upon by both parties.
  • WB-13 Offer to Rent: In situations where leasing is considered instead of purchasing, this form outlines the terms of renting a property. It covers aspects such as rent amount, lease duration, and responsibilities of both tenants and landlords.

Understanding and utilizing these forms alongside the WB-42 can streamline the real estate process, ensuring that all parties are informed and protected. Each document fulfills a vital role in fostering transparent and effective communication in property transactions.

Similar forms

The WB-42 form is a specific document used to amend a listing contract in Wisconsin. Several other documents share similarities with the WB-42, primarily in their purpose to modify or clarify agreements in real estate transactions. Below are five documents that are similar to the WB-42 form:

  • WB-44 Amendment to Offer to Purchase: This form is used to make changes to an existing offer to purchase property. It allows parties to modify terms such as price, closing date, or contingencies, ensuring that all parties agree to the new terms in writing, much like the WB-42 adjusts listing contracts.
  • WB-40 Listing Contract: The WB-40 serves as the original listing agreement between a seller and a real estate broker. While the WB-42 is used to amend this contract, the WB-40 lays out the initial terms of sale, including listing price and contract term.
  • WB-17 Termination of Listing Contract: In situations where a seller or broker wishes to end a listing agreement, the WB-17 provides a formal way to do so. This contrasts with the WB-42, which modifies an existing contract rather than terminating it.
  • WB-16 Amendment to Buyer Agency Agreement: This document is used when adjustments are necessary to an existing buyer agency agreement. Similar to the WB-42, it allows modifications, such as changing commission arrangements or the scope of services provided by a buyer's agent.
  • WB-13 Exhibit A: An exhibit often attached to listing agreements or purchase offers, it can clarify specific property inclusions or exclusions. While the WB-42 focuses on amendments to the listing terms, the WB-13 is often used to provide detailed descriptions of property elements involved in a transaction.

Understanding these similar documents can assist in navigating the complexities of real estate transactions more smoothly. Each form plays a critical role in ensuring that agreements reflect the intentions and needs of the parties involved.

Dos and Don'ts

When completing the WB-42 form, it’s essential to keep in mind a few guidelines to ensure accuracy and compliance. Here are some helpful tips on what you should do and what you should avoid:

  • Do double-check all information for accuracy. Ensure that dates, names, and addresses are correct. Mistakes can lead to complications down the road.
  • Do clearly indicate any changes. If you are amending the list price or expiry date, be explicit about what the new terms are.
  • Do keep a copy of the completed form. This allows you to refer back to it if any questions arise in the future.
  • Do consult with your supervising broker if unsure. They can provide guidance and assistance.
  • Don’t omit critical information. Leaving out essential details can render the contract invalid.
  • Don’t use ambiguous language. Avoid terms that could be interpreted in multiple ways; clarity is key.
  • Don’t forget to have all necessary signatures. Without the proper approvals, the amendments cannot be enforced.
  • Don’t overlook prior amendments. Ensure that any changes made do not conflict with existing terms.

Misconceptions

When dealing with the WB-42 form, some common misconceptions can lead to confusion among real estate agents, sellers, and buyers. Understanding these misconceptions is essential for effective use of the form. Here are six prevalent misunderstandings:

  • The WB-42 form is only necessary for major changes. In reality, this form can be used for a variety of amendments, whether they involve significant alterations like price changes or more minor adjustments such as adding or removing items from the property listing.
  • Agents can unilaterally amend a contract using this form. This is not true. Agents need the written consent of their supervising broker to make substantial changes, such as altering commission amounts or contract duration. This safeguard protects the interests of all parties involved.
  • Using the WB-42 form is optional for modifications. Many believe that informal communication can suffice, but it’s crucial to utilize this specific form for any changes. Proper documentation helps prevent disputes down the line.
  • The form only applies to residential properties. Some think the WB-42 is limited to residential real estate. However, it can also be used for commercial properties, provided the listing contract's terms apply.
  • Once the form is signed, all terms are set in stone. While the WB-42 does modify the original listing contract, all other terms not changed remain in effect. This means previous agreements are still binding unless explicitly altered.
  • The WB-42 form cannot address other specific amendments. Many users incorrectly believe the WB-42 is limited to certain types of amendments. In fact, the section labeled "Other" allows for the inclusion of additional modifications or stipulations as necessary.

By clearing up these misconceptions, all parties engaged in real estate transactions can navigate the amendment process with greater confidence and clarity.

Key takeaways

Filling out the WB-42 form correctly is essential for making amendments to a listing contract in Wisconsin real estate transactions. Here are some key takeaways to consider:

  • Complete the form by clearly stating the date of the original Listing Contract.
  • Provide accurate details about the property, including street address and county.
  • Specify any changes to the list price to ensure both parties agree on the current valuation.
  • Clearly indicate any new expiration dates for the contract to avoid confusion.
  • Decide whether to add or delete items from the list of properties included in the sale and make sure to strike the appropriate option.
  • Use the "Other" section to outline any additional amendments that do not fit standard categories.
  • Remember that all other terms of the contract remain unchanged unless explicitly stated otherwise in the amendments.
  • Ensure proper signatures are obtained from all sellers, and note that brokers cannot authorize changes without written consent from their supervising broker.

Following these guidelines can help streamline the amendment process, ensuring clarity and compliance in the transaction.