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 Dear George: My agent lined up a buyer for my investment property. She said it is Texas law that I present to her before closing a "wind storm certificate" for the buyers. Is this necessary to actually sell the property, or just so the buyer can obtain homeowners insurance? The property is in Jefferson County.
Answer: It isn't Texas law that a home must be eligible for windstorm and hail coverage, but if a purchaser needs to obtain insurance on a home in order to purchase it, most lenders now require a Certificate of Compliance (WPI-8). The WPI-8 proves code compliance and eligibility for windstorm coverage of a home in what are called first-tier counties: Chambers, Jefferson, Galveston, Brazoria, Matagorda, Calhoun, Refugio, San Patricio, Aransas, Nueces, Kleberg, Kenedy, Willacy, and Cameron. Portions of the following cities in Harris County are also included: Pasadena, Shoreacres, Morgan’s Point, La Porte, and Seabrook. As you can see, Jefferson County a first-tier county. Contact the Texas Derpartment of Insurance at 800/248-6032 for more information.
Dear George: I am a Houston-area Texas veteran with a 10% disability rating. Where can I get more information about programs or offers for Texas vets? I've started searching for houses without a REALTOR®.
Answer: Visit TexasVeterans.com or search the Internet for "Texas veterans." Also, it would be prudent for you to contact a local REALTOR® to ensure that you don't overloook anything, since most REALTORS® know about current programs that assist various types of homebuyers.
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| Dear George: What does it mean when it states on a warranty deed with a vendor's lien: "James Johnson, spouse of Jane Smith, dealing with separate property"?
Answer: It means that James Johnson is selling his separate, non-homestead property and doesn't have to be joined in the conveyance by his wife, as it constitutes no part of the community property.
Dear George: We have a Residential Buyer/Tenant Representation Agreement with a REALTOR® that expires soon. One of the terms of that agreement is a 10-day protection period. We recently found a for-sale-by-owner property on which we'd like to make an offer. When can we put a contract on the property without being obligated to pay a commission to the REALTOR®?
Answer: A real estate agent representing you under the Residential Buyer/Tenant Representation Agreement is only protected under Paragraph 11G when he sends you a written list of properties the agent has called to your attention during the agreement within 10 days of the agreement's expiration. Many buyers and some REALTORS® don't understand this paragraph and how it should be properly completed. If the FSBO property on which you wish to make an offer is not on the list that your REALTOR® provides, then as soon as your agreement ends, you can submit the offer.
However, there seems to be a bigger issue here. Did your REALTOR® do something wrong? Why wouldn't you want your agent to help you through the process? A principal should do the right thing and not deny an agent, who has presumably worked for the principal, a commission.
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