Preparing your own document or amending a rental agreement prepared by a lawyer for another transaction is a violation of the Real Estate Licensing Act. In addition, you may be sued by the parties if they disagree on the lease you are preparing. No no. The addendum is designed for a specific purpose, the sale of another property. The use of the additive for another purpose requires that it be modified by a lawyer. A broker who makes such changes is likely to engage in the unauthorized practice of law. Why has concern for the interests of minerals only recently become a selling topic in or near urban areas? The same considerations apply to the selection of a listing agreement where the likely use of the unreased property by the purchaser was intended for commercial or agricultural and ranch purposes. Any broker or seller who receives compensation from the seller or owner – either directly or through the Listing Broker – is considered an agent for the purposes of the obligation to disclose lead-based colors. For lawyers among our readers, note that there is a conceptual difference between representations and guarantees compared to pacts and agreements.
When you think about it for a moment, the difference is obvious. Basically, a representative or warranty says, “Such and such applies to the property and/or to me.” An alliance or agreement is subtly different. It is a positive promise from the seller or buyer to do a stock or thing – like the seller who agrees to provide a good, unenforceable and undisputed title at the close. There is also a difference in the way these two categories of commitments are applied in the event of default. Competent advisors should address these two issues during their negotiations. Yes and no. The seller`s advertising obligations do not apply to forced sales or subsequent sale by a closing lender (Texas Property Code Section 5.008). Forced sales are also exempt from federal advertising requirements for lead-based varnishes. However, a subsequent sale by the buyer in a forced sale, including a silos lender that acquired the property on the forced sale, is not exempt from the advertising obligations for lead paints for pre-1978 real estate. Lenders or other buyers who purchase such property should complete the TREC addendum for lead paints (TAR 1906) and attach the sale contract and make the Federally approved brochure available to the purchaser. REALTORS® involved in these transactions must ensure compliance with federal rules by the lender (or another seller) as stated in the addendum.
Remember that you risk a fine of US$10,000 and up to three times as much damage to those injured if you violate the federal government`s lead colour disclosure requirement. A MUD is a political subdivision of the state that has been authorized by the Texas Commission on Environmental Quality to provide water, wastewater, drainage and other services within its borders. The Texas Water Code requires the seller to inform a buyer that the property is located in a MUD before the buyer submits a sales contract. The notice contains information on the tax rate, the obligation and, if applicable, the costs of the MUD. As a general rule, the fact that the property is inside a MUD should be fairly obvious to the seller, since it is on the tax bill that the county sends to the owner. However, the seller will not always know what particular type of communication to provide to the buyer based on the requirements of the water code. Yes, yes. If your client`s ability to complete under a contract (i.e. to close the transaction) depends on the conclusion of another property, the endorsement of other real estate by the buyer (TAR 1908, TREC 10-6) should be part of the contract.