ask george & chuck
May 12, 2008

Absentee agents, inheriting property
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: I signed a contract with a REALTOR® to represent me. I've talked to him once on the phone since I signed the agreement; other attempts at contacting him have gone unanswered. His brother, who is not a REALTOR®, contacted me a few weeks ago and claims to represent REALTOR®. Can my REALTOR®'s unlicensed brother represent him?

Answer: Regardless of whether you signed an agreement with this REALTOR® as a buyer or seller, the contract is owned by the broker for the company with which you signed the contract. Your REALTOR® might be the broker or he might be an agent who has the broker's permission to sign the contract in the name of the brokerage firm. The broker may have authorized the brother to perform certain clerical functions on behalf of your REALTOR®. This practice is permitted as long as the functions do not require a license. Plug your REALTOR®'s name into the licensee search on TREC's Web site, and contact the broker who's listed. Let him know that you are not happy with your relationship.

Dear George: My father died without a will. He owned a piece of property, and the deed, which I have, is in his name. I'm his daughter, his only existing direct heir, and want to sell the property. I've paid taxes on it for the past 14 years. There are grandsons, nephews, etc. that don't want me to sell. Can I sell the property?

Answer: The fact that your father died without a will means that his property will be divided among his heirs by Texas statutes pertaining to intestate succession. In your case, this would mean that you should inherit all of your father's estate; grandchildren and nephews have no rights unless you die. These statutes are complicated, however, and you should enlist the services of an attorney.