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What To Do When Presented With an Outdated Form
I received an offer on one of my listings, but included in the offer were forms drafted using outdated versions of the form. How should I...
Ernest Enriquez
Sep 4, 20181 min read
Did Facebook Violate the Fair Housing Act?
The U.S. Department of Housing and Urban Development last week filed a formal complaint against Facebook for allowing its users to engage...
Ernest Enriquez
Aug 23, 20181 min read
Will the Fridge Convey if it Wasn’t In the Contract?
If the MLS listing said the refrigerator conveys but the contract didn’t include it, is the seller always required to leave the...
Ernest Enriquez
Aug 22, 20181 min read
Where not to put Commission Amounts in the Residential Contract
From the Legal Hotline: The Wrong Place for Commission Negotiations We sometimes get callers who ask whether they can put a commission...
Ernest Enriquez
Aug 17, 20181 min read
How To Determine the Effective Date for the One to Four Family Residential Contract
To calculate the dates for most periods of performance in the One to Four Family Residential Contract (Resale), you start counting at the...
Ernest Enriquez
Aug 15, 20181 min read
How to Extend an Option Period
It’s the last day of my buyer’s option period. The buyer and seller are still negotiating repairs and want to extend the option period....
Ernest Enriquez
Aug 14, 20181 min read
How Well Do You Know the One to Four Contract?
One of the most commonly used forms among Texas REALTORS® is the One to Four Family Residential Contract (Resale) (TAR 1601, TREC...
Ernest Enriquez
Aug 10, 20181 min read
Where Your Buyer’s Option Money Needs To Go
#optionfee #optionperiod
Ernest Enriquez
Aug 8, 20181 min read
What Brokers Need To Know About Independent Contractors
How can I help make clear to the IRS that my agents are independent contractors, not employees? One way you can do this is by using the...
Ernest Enriquez
Aug 3, 20181 min read
What’s Required to Restrict Concealed and Open Carry on a Property
Can landlords ban concealed carry and open carry from their property? Yes. Landlords can give verbal or written notice that handguns are...
Ernest Enriquez
Aug 1, 20181 min read
Can My Agent Work Part Time for a Builder?
One of the agents I sponsor wants to also work part time selling homes for a local home builder. Are there any risks I should be aware of...
Ernest Enriquez
Jul 30, 20181 min read
Does a Landlord Have to Cover Tenants’ Lodging Costs During a Property Repair?
A tenant notified me yesterday that his water heater stopped working. A repairman came to the property today, but the water heater...
Ernest Enriquez
Jul 27, 20181 min read
Can the Seller Terminate the Contract Over Amendment Negotiations?
After my buyer completed his inspection, he sent the seller an amendment to ask for several repairs. The seller responded with his own...
Ernest Enriquez
Jul 26, 20181 min read
Does a Landlord Have To Replace Windows Damaged in a Burglary?
The tenant of a property I manage told me someone shattered a window while trying to break into his unit. He then sent me written notice...
Ernest Enriquez
Jul 23, 20181 min read
What Your Commercial Buyer Should Know About Conducting a Feasibility Study When the Property Is Sol
Commercial: The seller of a commercial property has rejected my client's offer to purchase that property. We used TAR form 1801,...
Ernest Enriquez
Jul 20, 20182 min read
Do Brokers Who Don’t Sponsor Agents Need A Written Policies and Procedures Manual?
I know that Texas Real Estate Commission rules require a broker to maintain written policies and procedures for the broker’s sponsored...
Ernest Enriquez
Jul 18, 20181 min read
What Makes a Room a Bedroom?
Does That Count as a Bedroom? There’s no single legal definition for a bedroom in Texas. The International Residential Code (IRC),...
Ernest Enriquez
Jul 17, 20182 min read
What Notice Is Required When Evicting a Tenant
How much notice does a landlord have to provide a tenant prior to filing an eviction? It depends on the terms in the lease. The Texas...
Ernest Enriquez
Jul 16, 20181 min read
What Buyers and Sellers Need to Know About Testing for Plumbing Leaks
Testing for Plumbing Leaks Some buyers want an inspection of a home’s sanitary drain system to determine if there are any leaks....
Ernest Enriquez
Jul 12, 20181 min read
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