Question
Read Conway-Bogue Realty Investment v. Denver Bar Association, 312 P. 2d 998, 135 Colo. 398 (1957). Apply the ideas from parts one and two of
Read Conway-Bogue Realty Investment v. Denver Bar Association, 312 P. 2d 998, 135 Colo. 398 (1957).
Apply the ideas from parts one and two of this assignment to address the following questions regarding sections 30 and 31 of the Colorado Real Estate Commission approved form for a buy/sell agreement which are, effectively, large, empty space for an agent to write in "additional provisions" in the agent's own words and without any Commission approved context or other language and to identify that additional language as either included in or excluded from the contract: 1) According to the Conway-Bogue opinion, is this a permissible practice? Why or why not? 2) Has the Colorado Real Estate Commission exceeded its authority by including this level of latitude for agents to write portions of the contract in the agents' own words without any Commission approved language to guide the agents? (Here, too, more than yes or no is required - you need to apply the ideas from Denver Bar to explain your answer. For purposes of this assignment you should assume that the Public Utilities Commission and the Real Estate Commission are equivalent public entities with the same degree of rule making authority in regard to their respective industries/subject matter).
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