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From the Hotline: When the seller wants to accept a second offer
Members sometimes call the hotline when a seller is under contract but wants to accept a second offer that is higher. However, accepting...
Ernest Enriquez
Jan 29, 20181 min read
Are REALTORS® required to disclose prior flooding from a property condition to potential tenants?
When you’re marketing a property for lease that had previous flooding from a property condition, REALTORS® should consider the Code of...
Ernest Enriquez
Jan 16, 20181 min read
Can my unlicensed assistant unlock the door for potential buyers if I’m running late?
No. TREC Rule 535.4(c) states that a person must be licensed as a broker or sales agent to show a property. “Show” includes causing or...
Ernest Enriquez
Jan 15, 20181 min read
Hiring someone for drone photography and videography? Ask if they’re insured.
If a drone you were using in conjunction with your real estate business does damage that results in a lawsuit, the plaintiff will...
Ernest Enriquez
Jan 12, 20181 min read
Do you have to be a member of a board to access its MLS?
I’m a principal REALTOR® member of my local board, but I also want access to MLS services from a neighboring board. Do I need to become a...
Ernest Enriquez
Jan 11, 20181 min read
Does a landlord waive other rights by willingly accepting late rent payments?
The Texas Supreme Court recently decided that a landlord still maintains the right to evict a tenant even if that tenant paid rent late...
Ernest Enriquez
Jan 10, 20182 min read
When can buyers exercise their termination option in a backup contract?
If your buyers have a backup contract with a termination option, Paragraph D of the Addendum for “Back-Up” Contract (TAR 1909, TREC 11-7)...
Ernest Enriquez
Jan 8, 20181 min read
Does granting a commercial buyer’s feasibility study period and inspection rights obligate a seller
My client submitted an offer for a commercial property using the Commercial Contract—Improved Property (TAR 1801) with a request for a...
Ernest Enriquez
Jan 3, 20181 min read
How to reference mineral and royalty interests in TREC forms
How are mineral and royalty interests addressed in the TREC contract forms and the TAR commercial contract forms? The TREC residential...
Ernest Enriquez
Dec 27, 20171 min read
Stay away from antitrust issues
Though the real estate industry is built on cooperation, it’s possible to go too far. See if you know how to avoid potential antitrust...
Ernest Enriquez
Dec 22, 20171 min read
What do you think of these proposed new and revised forms?
The residential and property management forms task forces, led by your fellow REALTORS®, have been working with the Texas REALTORS® Legal...
Ernest Enriquez
Dec 21, 20171 min read
Can a landlord require a photo ID with rental applications?
The landlord for the property I manage wants all potential tenants to submit a photo ID with their lease application. Can I require that?...
Ernest Enriquez
Dec 18, 20171 min read
Deadline for DMCA online registration is coming
If you used a paper form to register a Digital Millennium Copyright Act (DMCA) designated agent for your website, you must re-register...
Ernest Enriquez
Dec 15, 20171 min read
What’s the difference between the Buyer Approval and Property Approval paragraphs?
What’s the difference between the Buyer Approval and Property Approval paragraphs in the Third Party Financing Addendum (TAR 1901)? If a...
Ernest Enriquez
Dec 12, 20171 min read
Who can use TREC forms
True or false? You must have a real estate license to use the forms posted on the Texas Real Estate Commission’s website. False. TREC’s...
Ernest Enriquez
Dec 11, 20171 min read
Is a listing with surveillance technology breaking the law?
Many homeowners now have technology devices in their house that can hear audio or capture video, such as baby monitors or security...
Ernest Enriquez
Dec 6, 20171 min read
TAR wins case that protects you from frivolous patent claims
A patent owned by Uber Technologies Inc. that had been used to bring patent-infringement lawsuits against Texas real estate firms has...
Ernest Enriquez
Dec 4, 20171 min read
Why landowners need this if they allow hunters
Landowners who lease their private property for hunting in return for any type of compensation are required to obtain a hunting lease...
Ernest Enriquez
Nov 22, 20171 min read
Who pays the transfer fees in a transaction involving an HOA?
Some homeowners associations charge fees for transferring the ownership of property from a seller to a buyer. Paragraph C, Fees, of the...
Ernest Enriquez
Nov 3, 20171 min read
What warranties do buyers have with new construction?
The New Home Contract (Incomplete Construction) (TAR 1603, TREC 23-14) and New Home Contract (Complete Construction) (TAR 1604, TREC...
Ernest Enriquez
Oct 25, 20171 min read
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