Category Archives: Legal

What’s the difference between the Buyer Approval and Property Approval paragraphs?

What’s the difference between the Buyer Approval and Property Approval paragraphs in the Third Party Financing Addendum (TAR 1901)? If a lender denies the buyer’s loan because of his credit history, income, or assets, this falls under Paragraph B(1), Buyer … Continue reading

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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 forms are public record, so they are available to anyone. However, the forms are primarily intended … Continue reading

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Is a listing with surveillance technology breaking the law?

Many homeowners now have technology devices in their house that can hear audio or capture video, such as baby monitors or security cameras. But there’s a problem when those devices are being used to covertly record or monitor a buyer’s … 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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Why landowners need this if they allow hunters

Landowners who lease their private property for hunting in return for any type of compensation are required to obtain a hunting lease license. There are three types of licenses available: Hunting lease license Hunting cooperative lease license Wildlife management association … Continue reading

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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 Addendum for Property Subject to Mandatory Membership in a Property Owners Association (TAR 1922, TREC 36-8) covers that … 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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