Category Archives: Legal

Who pays for repairs in a rental property?

Many tenants believe that landlords are responsible for paying the cost of all repairs, but tenants must foot the bill in some instances. Paragraph 18D(2) of the TAR Residential Lease specifies the circumstances where the tenant is responsible for the cost of … Continue reading

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Commission dispute? Here’s what you need to figure out

If you and another REALTOR® disagree about who earned the commission in a sale, the decision of an arbitration panel will turn on which REALTOR® was the procuring cause for the sale. NAR defines procuring cause as “the uninterrupted series … Continue reading

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TREC proposes a new advertising rule, adopts revisions to existing rule

The Texas Real Estate Commission met on Monday and adopted amendments to existing rules and proposed several more. View the meeting materials packet, which provides more details about all the changes, on TREC’s website. Here’s a breakdown of the adoption … Continue reading

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Get answers to your termination option questions

The termination option in Paragraph 23 of the One to Four Family Residential Contract (Resale) can be a useful safety net for you clients. It’s also a source of potential confusion and generates a number of calls to the TAR … Continue reading

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Who should be the point of contact for notices?

Whose contact information should be written in Paragraph 21 of TREC contracts to receive notices? There isn’t one correct answer to that question. However, you could consider using the buyers’ and sellers’ contact information. Why? Because time is of the … Continue reading

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Has it happened to you? Tell us if you’ve been a victim of online scams

If you, your clients, or agents in your brokerage have been targeted in a wire fraud scam, Texas Association of REALTORS® staff members want to hear from you. Send an email to general.counsel@texasrealtors.com so TAR can continue developing resources that … Continue reading

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From the Legal Hotline: What happens when a buyer doesn’t pay the earnest money or option fee?

What happens when a buyer doesn’t pay the earnest money and/or termination option fee in a residential contract? If the contract has been properly executed by all parties, there is still a binding contract even when the buyer hasn’t deposited … Continue reading

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