Violent crimes, complaints ...

ask george & chuck

Violent crimes, complaints ...

 

Dear George: Can a seller require a potential buyer to be prequalified or preapproved for a loan through a specific loan officer?

Answer: Yes, a party can negotiate with another for any item. However, a seller in this case might lose a buyer if the buyer has already been approved by a different lender. It is a rather odd requirement for the average seller.

Dear George: I purchased a home in 2007 and want to file a complaint against the real estate agent who represented me. Is there a time limit on such complaints?

Answer: Yes. The Texas Real Estate Commission cannot investigate complaints that are filed more than four years after the date of the transaction.

Dear George: A seller in Texas must disclose to a buyer that a violent crime occurred in the home. Does the owner have to make such a disclosure if he wants to rent the home?

Answer: Under the Texas Deceptive Trade Practices Act, such an omission could be construed as a failure to disclose, although we haven't seen it apply to rentals. Nonetheless, we suggest that it be disclosed. If a prospective tenant is going to have a problem with the violent crime that occurred on the property, it is better to seek a tenant who will not have a problem with it.

  E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. 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.  

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George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.

Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.

George and Chuck are co-authors of Texas Real Estate Brokerage and Law of Agency published by Thomson Publishing.