Tag Archives: Legal

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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Business entity vs. DBA: What’s the difference?

Many people think a business entity is the same thing as a DBA, which stands for “doing business as.” In fact, they have different meanings and purposes. A business entity is a type of business structure, such as a sole … Continue reading

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Divorced clients? Avoid these common transaction pitfalls

The ex-wife lives in the home, and the ex-husband owns it. They both want to sell the property. Read “When clients divorce” in Texas REALTOR® magazine to learn how to avoid trouble and transaction delays related to the listing agreement, … Continue reading

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What to do with Harvey-affected transactions already under contract

Thousands of clients are in limbo due to the devastation left by Hurricane Harvey. And while every situation is different, here are sections in the TREC One to Four Family Residential Contract (Resale) and related addenda that might apply to transactions … Continue reading

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What are tenants’ and landlords’ rights for terminating a lease due to Harvey storm damage?

Paragraph 25 of TAR’s Residential Lease deals with casualty loss, which includes a loss due to weather events, such as Harvey. If the property is deemed partially or completely uninhabitable, Paragraph 25 references the Texas Property Code Section 92.054 for … Continue reading

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