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Can Your Seller Tell You Not to Cooperate With a Particular Firm?
My seller told me not to cooperate with a particular firm regarding her listing. Can the seller do that? Yes. While Article 3 of the Code...
Ernest Enriquez
Oct 8, 20181 min read
Quiz: Do You Need a Real Estate License To Do That?
Quiz: Is a Real Estate License Required? Test how familiar you are with the Texas Real Estate Commission’s rules for real estate...
Ernest Enriquez
Oct 5, 20181 min read
Can Offers of Compensation in the MLS Be Conditional?
From the Legal Hotline: MLS Offers We sometimes get calls about whether listing brokers can make offers of compensation listed in the MLS...
Ernest Enriquez
Oct 2, 20181 min read
When to use the Addendum for Back-Up Contract
A seller is under contract to sell his property. The Addendum for Sale of Other Property by Buyer is attached to the contract. A second...
Ernest Enriquez
Sep 25, 20181 min read
Why Disclosing Information About Lead-Based Paint is Important
What are the consequences if a seller, landlord, or agent fails to comply with lead-based paint disclosure requirements? A seller,...
Ernest Enriquez
Sep 18, 20181 min read
Lender-Required Repairs and Paragraph 7E
Contract Closeup: When the Lender Requires Repairs Even if the parties are happy with the condition of a property, the lender may want...
Ernest Enriquez
Sep 11, 20181 min read
What To Do When Presented With an Outdated Form
I received an offer on one of my listings, but included in the offer were forms drafted using outdated versions of the form.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
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