Tag Archives: Legal

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 the second offer is problematic. Doing so can bind the seller to two contracts to sell his … Continue reading

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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 Ethics. Keep in mind that Article 2 says REALTORS® should avoid exaggeration, misrepresentation, or concealment of pertinent facts relating … Continue reading

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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 permitting a property to be viewed by a prospective buyer or tenant, unlocking or providing … Continue reading

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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 violations by taking the quiz below.

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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 … Continue reading

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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? Yes, but you should only use an applicant’s photo ID to verify his or her identity … Continue reading

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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 online by December 31 to maintain your “safe harbor” defense. Not sure what any of this means? Read … Continue reading

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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 been invalidated, thanks to legal efforts by the Texas Association of REALTORS®. The Patent Trial and Appeal Board agreed … Continue reading

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TREC adopts changes to rules for consumer notices, BPOs and CMAs, and more

The Texas Real Estate Commission met on November 13 and adopted amendments to existing rules and proposed others. In addition to the changes below, the commission made changes to how team names can be used in advertisements, tweaked rules regarding … Continue reading

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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 24-14) both have a Warranties section under Paragraph 7, Property Condition. Both sections state that the seller makes no warranties other … Continue reading

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