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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
What To Do When Presented With an Outdated Form
I received an offer on one of my listings, but included in the offer were forms drafted using outdated versions of the form.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
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
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
TAR Advocates for Continued Use of its Release of Earnest Money Form, Not Proposed TREC Draft
The Texas REALTORS® since the 1990s has offered members the Release of Earnest Money form. The Texas Real Estate Commission this month...
Ernest Enriquez
May 24, 20182 min read
Who pays for the condominium documents?
Paragraph 2B(2) of the Residential Condominium Contract (Resale) (1605, TREC 30-13) details what happens if a buyer hasn’t received the...
Ernest Enriquez
Apr 23, 20181 min read
Want to withdraw an offer? There’s now a form for that
As a Texas REALTOR®, you have a new form you and your clients can use to withdraw an offer or counteroffer. Notice of Withdrawal of Offer...
Ernest Enriquez
Apr 11, 20181 min read
Four new commercial forms adopted; 10 others revised
A commercial forms task force recently proposed updated and new forms to better serve Texas REALTORS® and their clients. After feedback...
Ernest Enriquez
Mar 23, 20181 min read
What to do when no TREC form exists
Since TREC doesn’t offer a residential lease or commercial contracts, can my brokerage’s in-house attorney draft those forms? Texas Real...
Ernest Enriquez
Mar 13, 20181 min read
Updates to TREC forms and explanations of what the changes mean
The Texas Real Estate Commission adopted two new forms and revised six others at its February meeting. Use of these forms is voluntary...
Ernest Enriquez
Mar 5, 20181 min read
Updates to residential and property management forms now online
The Texas REALTORS® residential and property management forms task forces in December proposed updated forms and new forms. After...
Ernest Enriquez
Feb 8, 20181 min read
TREC clarifies exceptions to mandatory use of contract forms
In November, the Texas Real Estate Commission adopted changes to Section 537.11 of its rules, Use of Standard Contract Forms, which takes...
Ernest Enriquez
Feb 2, 20182 min read
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
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
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
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
TREC proposes changes to earnest money and other paragraphs
The Texas Real Estate Commission met on August 7 and adopted amendments to existing rules and proposed several more. View the meeting...
Ernest Enriquez
Aug 18, 20172 min read
TREC proposes rule amendment that would affect availability of TAR forms
The Texas Real Estate Commission met on August 7 and adopted amendments to existing rules and proposed several more. View the meeting...
Ernest Enriquez
Aug 17, 20172 min read
TREC proposes limits for when lawyers can draft contracts for principals who aren’t their clients
The Texas Real Estate Commission met on August 7 and adopted amendments to existing rules and proposed several more. View the meeting...
Ernest Enriquez
Aug 17, 20173 min read
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