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Legal FAQ: Can a Buyer Change Financing?
A seller accepted a contract with conventional financing and a full appraisal waiver. The buyer now wants to switch to FHA/VA financing....
Ernest Enriquez
Apr 26, 20221 min read
From the Legal Hotline: Investors and Disclosures
Members mistakenly believe that property investors are exempt from the requirement to provide a seller’s disclosure because the investors...
Ernest Enriquez
Apr 7, 20221 min read
Proposed Revisions and New Forms for Commercial, Residential, and Farm & Ranch
Texas REALTORS® has proposed new forms and revisions to many existing commercial, residential, and farm & ranch forms. You are encouraged...
Ernest Enriquez
Apr 5, 20222 min read
From the Legal Hotline: Use of Holdover Provision in Leases
I’m hearing on the Legal Hotline from members who want to know if the holdover provision in leases is for the tenant’s use if the tenant...
Ernest Enriquez
Mar 29, 20221 min read
How This EPA Rule Affects Property Management Companies
Are property management companies subject to the EPA's lead renovation, repair, and painting rule? Yes. The Environmental Protection...
Ernest Enriquez
Mar 22, 20221 min read
How Does the Addendum for “Back-up” Contract Work?
Some buyers may not know what happens after signing a backup contract on a property. The Addendum for "Back-Up" Contract (TXR 1909, TREC...
Ernest Enriquez
Mar 20, 20222 min read
Who Decides Ownership of Water Rights in Texas?
On March 24, the Texas Supreme Court will hear oral arguments in a case posing the question of who determines ownership of water rights...
Ernest Enriquez
Mar 8, 20221 min read
Earnest Money and Terminating a Contract
My buyer clients and the sellers agreed to and signed a contract on a property. However, my clients changed their mind and no longer want...
Ernest Enriquez
Feb 24, 20221 min read
Understanding the Request for Mortgage Information Form
Your seller clients may use the Request for Mortgage Information (TXR 1413) when asking lienholders about loans, payments, prepayments,...
Ernest Enriquez
Jan 6, 20221 min read
When Contract Deadlines Fall on Holidays
When calculating deadlines, TREC and Texas REALTORS® contracts use calendar days, not business days. Although calculating deadlines for...
Ernest Enriquez
Dec 14, 20211 min read
Fact or Fiction: Do Inspectors Have to Determine the Presence of Mold?
A real estate inspector is not required to determine the presence or risk of mold. Fact. The Texas Real Estate Commission’s standards of...
Ernest Enriquez
Dec 13, 20211 min read
New Texas REALTORS® Form: Addendum Regarding Rental Flood Disclosure
During the 87th Texas Legislature, a change in law passed that requires landlords to give notice to prospective residential tenants if...
Ernest Enriquez
Dec 7, 20213 min read
From the Legal Hotline: Must You Include the Designated Broker’s Name in Advertisements?
Agents who are sponsored by business entity brokerages have called to ask if they must include the designated broker’s name in their...
Ernest Enriquez
Nov 18, 20211 min read
Do You Know the Rules for Coming Soon Listings?
You may call them coming-soon listings, pocket listings, or something else, but many in the real estate industry call them a problem. To...
Ernest Enriquez
Nov 17, 20213 min read
Do You Know These Exceptions to the $10,000 Cap on Deductions?
The 2017 Tax Cuts and Jobs Act included a controversial change: a $10,000 cap on an individual’s itemized deductions for state and local...
Ernest Enriquez
Oct 31, 20211 min read
Where to Send the Fee to Extend the Termination Option
Although the initial option fee should be sent to the title company, the fee to extend the termination option should be delivered...
Ernest Enriquez
Oct 7, 20211 min read
How Solar Panels Affect Transactions
Judy Jones listed a property with solar panels in Kennadale for a seller who had to move out of state due to a catastrophic accident. The...
Ernest Enriquez
Oct 3, 20212 min read
From the Legal Hotline: Don’t Get Creative When Using Forms
This hot market is leading to members getting creative with using forms. Remember that TREC Rule 537.11(a) requires you to use only the...
Ernest Enriquez
Aug 26, 20211 min read
Fact or Fiction: Do Buyers Need a Reason For Using the Termination Option?
Buyers do not have to give a reason for terminating a contract under the termination option. Fact. Though buyers must provide written...
Ernest Enriquez
Aug 19, 20211 min read
Answers to Your Questions About the Third Party and Appraisal Addenda
The hot seller’s market in Texas has created confusing situations involving financing and appraisals. To answer your questions about...
Ernest Enriquez
Aug 5, 20211 min read
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