3 tips from the Legal Hotline
07/07/2016 | Author: TAR Legal Staff
Each month, Texas REALTOR® magazine features common questions TAR attorneys field on the Legal Hotline. See if your question has been answered below (or in the Legal FAQs section of texasrealetate.com) and save yourself a phone call.
We frequently get calls about fee disputes between brokers and their agents. The most common questions concern situations where a broker refuses to pay an agent what the agent believes he or she is entitled to. These types of disputes are private contractual matters, and the payment of such fees is governed by the agreements and policies in place. If the broker and agent are using the Independent Contract Agreement for Sales Associate (TAR 2301), fees are discussed in detail in Paragraph 16.
–Abby Lee, senior associate counsel
Many property managers ask whether their landlords have to allow a tenant with a disability to have an emotional support animal. Generally, yes, landlords must make reasonable accommodations for assistance animals, including an emotional support animal, under the Fair Housing Act when the person seeking to use and live with the animal has a disability and a disability-related need for the assistance animal.
–Kinski Moss, deputy general counsel
REALTORS® sometimes ask how to ensure that a builder will pay a commission if one of their clients purchases a new home from the builder. One option is to accompany your client on the first visit to register with the builder. Most builders have their own compensation agreement, but if they don’t, or you think the agreement is not a fair one, you can ask the builder to sign TAR’s Registration Agreement Between Broker and Owner (TAR 2401). You also can use this form if you weren’t at the first visit between your client and the builder. The registration agreement ensures that everyone is on the same page and creates a contractual obligation for the builder to pay your commission if the terms of the agreement are met.
–Gabriel Lopez, associate counsel
The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.
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