Is Form 220 part of the contract if the checkbox in paragraph 14 of Form 2-T is not checked?
QUESTION: I just noticed that a revised version of Form 2-T (Offer to Purchase and Contract) has been added to the NC REALTORS®’ forms library. The new version has a revision date of 8/2026. I see that paragraph 14 now has a specific checkbox to add Form 220 (Buyer Agent Compensation Addendum). It made me wonder, however, what happens if both parties sign Form 220 but forget to check the box in paragraph 14? Would Form 220 still be considered a valid and enforceable part of the contract?
ANSWER: If Form 220 is signed by all parties along with their signing of Form 2-T, we believe that Form 220 would be considered part of the contract, even if the checkbox in paragraph 14 is not checked.
The first paragraph of Form 220 includes the following language: “This Addendum is attached to and made a part of the Offer to Purchase and Contract (‘Contract’) between Seller and Buyer for the Property.” This language is effective when both buyer and seller sign it. To argue that Form 220 is not part of the contract would be difficult for the parties to do after execution, especially when neither Form 220 nor Form 2-T require that the checkbox in paragraph 14 of Form 2-T be checked in order for the addendum to be part of the contract.
Form 220 also has the following language: “IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRACT, THIS ADDENDUM SHALL CONTROL EXCEPT THAT IN THE CASE OF SUCH A CONFLICT AS TO THE DESCRIPTION OF THE PROPERTY OR THE IDENTITY OF THE BUYER OR SELLER, THE CONTRACT SHALL CONTROL.” So, even if someone wanted to argue that a conflict existed between Form 220 and Form 2-T in your scenario, the conflict would likely be resolved in favor of Form 220 being part of the contract.
It is certainly recommended that paragraph 14 in Form 2-T be filled out accurately in each transaction to avoid confusion. However, it may be helpful to note that each standard form addenda in NCR’s forms library has similar language to make sure they become part of the contract. Therefore, a typo or error in paragraph 14 will not always mean that an addendum has not become part of the contract. Therefore, a typo or error in paragraph 14 will not likely result in an addendum not becoming part of the contract.
Ultimately, if a dispute arises and the parties cannot agree whether an addendum is part of the contract or not, agents should recommend in writing that their clients seek legal counsel to see if there was, or is, a sufficient meeting of the minds to support an enforceable contract.
Release Date: 10/29/2026
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