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Approved Forms and the Legal-Advice Boundary

When a Wisconsin buyer asks a licensee to explain the legal effect of a contingency and whether a custom clause would hold up in court, the licensee should:

  • a.Draft the custom clause and give a legal opinion
  • b.Complete the approved form and advise the buyer to consult an attorney for legal advice
  • c.Guarantee the clause is enforceable
  • d.Refuse to fill in any form for the buyer

Licensees may complete approved Wisconsin forms but must not give legal advice or draft original legal language, which would be the unauthorized practice of law. The proper course is to complete the approved form accurately and refer legal questions to an attorney. The Approved Forms and Legal Advice block tests exactly this boundary.

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