CDC COVID-19 Eviction Moratorium – Video Discussion
CDC COVID-19 Eviction Moratorium – video discussion with Stephan B. Rogers and Jeremy Brewer, Vice-President of Risk Management and General Counsel of the San Antonio Board of Realtors (Sept. 11, 2020) Read More
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Commentary on the New Texas Realtors COVID-19 Addendum
The Texas Association of Realtors has just published a non-mandatory addendum form for use in conjunction with the TREC-approved residential real estate sale contracts to provide a 30-day extension of the closing date stated in the contract upon notice by either party that the closing date “is not able to be performed due to a voluntary or mandatory SARS-CoV-2 (COVID-19) virus quarantine or...Read More
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Texas Realtor Advertising Rules: What License Holders Must Know to Avoid the Bite of the TREC Watchdog
We work extensively with real estate brokers and agents in a wide variety of contexts, including real estate disputes, complaints to the Texas Real Estate Commission (TREC), broker commission disputes and arbitrations, regulatory compliance, and other matters. In the course of our work, we see a lot of advertisements by real estate brokers and agents that do not comply with TREC’s detailed...Read More
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Texas Legislature Revises Statutory Seller’s Disclosure Notice to Better Disclose Flood Risks
The Texas Legislature loves to tinker with the statute that requires a “seller of residential real property comprising not more than one dwelling unit” to make specific disclosures relating to the condition and status of the property to a potential buyer. Under § 5.008 of the Texas Property Code, a Seller’s Disclosure Notice (SDN) must be provided to a buyer before the effective date of the...Read More
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Dangerous Words: Real Estate Agents Beware
You’re the listing agent on a luxury home, 711 Prosperity Path, and you received a pretty good offer on the property, but not quite the list price of $2.5 million. It’s a seller’s market, and you and your seller feel confident that the house will sell for list price, if not more. So, you’ve been going back and forth on the purchase price with a buyer’s agent. The agent says her buyer is...Read More
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The Battle Over Short Term Rentals: Community Rights vs. Property Owner Rights
In Texas and throughout the United States, a war is being fought between owners of residences who want to rent their properties to short-term visitors, and cities and communities that want to preserve the ambience and character of traditional neighborhoods. And often standing behind opposition to short-term rentals (STRs) is the wealth and influence of the commercial hospitality industry,...Read More
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Seller Disclosure Notices: A Tale of Two Forms
Section 5.008 of the Texas Property Code requires sellers of single-dwelling residential property (with some exceptions) to give a written notice to the buyer disclosing facts relating to the condition and use of the property. The notice must be provided on or before the effective date of the sale contract. The buyer has the right to terminate the transaction within seven days of receiving the...Read More
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