Jan. 18, 2012
Dear George: I’m a prospective tenant. I e-mailed an agent, but before I could get the agent to show me even one property, he wanted to give me a TREC form to sign and return. It was the Information About Brokerage Services form. I told him I would think about it and ended the call. Is this typically done?
Answer: Yes, it’s a state law applicable to all real estate licensees, residential and commercial, that the Information About Brokerage Services form be provided to a party at the first substantive discussion regarding a possible transaction. Substantive discussions can occur via any means of communication – e-mail, in your case. So when you contact a real estate licensee about seeing properties for sale or lease, that counts as substantive.
Dear George: I submitted a contract on a house, and the owner counter-offered. During our negotiations, he was called by another party to see if he had sold the house. This third party offered him cash, and the owner accepted. Is that legal?
Answer: What you submitted was not a “contract” but an “offer” to purchase the house. When the seller countered, you then had the opportunity to accept the seller’s counteroffer without making any changes. This was still only an “offer.” There is nothing illegal about the seller accepting the third party’s cash offer, since you had not entered into a contract with the seller.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
