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 Association of REALTORS® Legal Department to update forms and create new ones.

Revisions have been proposed for the following forms:

View redline drafts and submit your comments by January 21.

  • 1101: Residential Real Estate Listing Agreement, Exclusive Right to Sell
  • 1102: Residential Real Estate Listing Agreement, Exclusive Right to Lease
  • 1201: Farm & Ranch Real Estate Listing Agreement, Exclusive Right to Sell
  • 1406:  Seller’s Disclosure Notice
  • 1501: Residential Buyer/Tenant Representation Agreement
  • 1506: General Information and Notice to a Buyer
  • 1912: Notices Regarding Contingency Under Addendum for Sale of Other Property by Buyer
  • 1935: Seller’s Estimated Net Proceeds
  • 1936: Approximation of Buyer’s Closing Costs
  • 2001: Residential Lease
  • 2003: Residential Lease Application
  • 2004: Pet Agreement
  • 2005: Extension of Residential Lease
  • 2011: Residential Lease for a Multi-Family Property Unit
  • 2201: Residential Leasing and Property Management Agreement
  • 2301: Independent Contractor Agreement for Sales Associate

The following new forms have been proposed:

View drafts, and submit your comments by January 21.

  • 1417: Representation Disclosure
  • 1418: Update to Seller’s Disclosure Notice
  • 1945: Notice of Withdrawal of Offer
  • 2013: Bed Bug Addendum
  • 2224: Residential Lease Amendment
  • 2225: Notice of Abandonment
  • 2226: Response to Request for Assistance Animal
  • 2227: General Information for a Landlord Regarding Assistance Animals
  • 2517: Information about Wire Fraud
  • 2518: Information Regarding Windstorm Insurance for Seacoast Area Property
  • 2519: Information Regarding Property Near International Border

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8 Responses to What do you think of these proposed new and revised forms?

  1. Overall, very logical edits.

    I have concerns that the major edits, “content” in my opinion, empowers the MLS’s and is a money grab – a lot more than protecting the general public in a real estate transaction.

    MLS has known for years their money is in the data. The more data the more they earn. Everyone today is buying and selling real estate data – especially the MLS’s. The MLS systems reap millions of dollars of income off data sales. Most of which is not shared with members directly, a lot for paying PAC, lobbyists and consultants – POLITICS.

    Please TAR/TREC stay out of politics.

    Appears to me that these edits certainly “protect” their eternal right to sell data and limit their liability. Great fro them. But what about the public? Is this great for them? How? Should TAR/TREC really be looking at protecting the public’s interest over the list sellers of the world? Should TAR/TREC be actually LIMITING the amount of private real estate data than can be sold? This endless trail of a property a Texan owned goes on into perpetuity. What about buyer and seller privacy rights? How much should be available to buy and sell.

    Please TAR/TREC, do not favor an industry or association or even “non-profit” entities from allowing them to reap as much data (money) as they can. Again, how does this actually help texans? Really? How does this protect Texans? The whole spirit and reason for being is to protect the buyers and sellers. Not enchich and/or protect data grabbers.

    So why do theses disclosures even need to be on YOUR form? Let the MLS fight it out on their own with their members and memebr’s client? If you adopt these edits, you are siding with and possibly hurting Texans. This is TAR/TREC essentially endorsing the MLS – really? Think about it!

    Texan’s rights first.

    Dale Pearson
    Broker
    NWSA Realty

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  2. ROSS MURPHY says:

    Form 2201 Just leave it as is.

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  3. Stephen Hillier says:

    Have been a Broker since 1971 and it seems some “geek” or “attorney” thinks that change is necessary to enhance their job. Leave the documents alone unless it is necessary to comply with a new law or to clarify an item. We are not interested in providing more revenue for MLS, we just want to do business with the least amount of trouble or needing an attorney to review every transaction. Thanks for hearing us.

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  4. B. C. Moody says:

    I have been in Real Estate 46 years/Broker. Never satisfied. Sometimes they change only a few words in a form without merit. Attorneys want people to think they are earning their job. Too many changes too often too many forms. If it is not broke do not fix it. Let the old dog lie. TKS.

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  5. Charlotte Rau, Broker Associate (39 years) says:

    Too many unnecessary changes to forms. I realize updates are necessary; however, this should be done to correct according to laws that have been passed to comply or to clarify statements. There is no reason to subject Texans privacy showing deed changes to perpetuity. Leave our forms alone.

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  6. Brian McMinn says:

    These forms create a HUGE hole for “assistance animals” in the lease. Service animals have always been exempted from being called pets and I’m not commenting on service animals. Service animals are trained and certified by organizations that take safety very seriously. An “assistance animal” can be ANY animal and the lease specifically says the “assistance animal” does not need to be trained or certified. If these changes go through as proposed, every pet will immediately become an “assistance animal” and no pet deposit will be paid and (most importantly) no vetting or safety checks or even questions about the disposition of the animal will be allowed. This does not allow the landlord any leeway to not rent to someone with a dangerous dog, a 500 pound pig or a thousand cats. Allowing undeclared “assistance animals” also creates a problem for people who need access to repair or inspect the property. The existence of the “assistance animal” will not be known to the landlord and thus the landlord can’t inform legitimate workers who need access to the property.

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  7. I would like to propose 2 changes. 1) Seller’s Disclosure, page 1 of 5, Item: Central A/C, Additional Information to include SEER Value or SEER Rating. In TX this would be helpful before an inspection, risk management for a buyer going up in the attic to get the answer themselves, question is in the MLS drop down box; some agents input an answer and some don’t. 2) A General Information with definitions that mirrors the Seller’s Disclosure. This was asked by previous buyers who said the same thing, basically, “Since there are no definitions, I would rather check “U” than “Y” or “N.” This would also take the monkey off the Agent’s back when seller says, “what does this mean?”

    Like

  8. Teresa Rutherford says:

    Somewhat concerned about the additions added to the Commerical Lease (Para 36J) and Commerical Lease Amendment – why would a lease be executed in more than one “identical counterparts”? This seems to be a confusing paragraph to both buyer and seller….
    Otherwise, looks like all commercial changes I’ve reviewed look good!

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