Can a brokerage’s in-house counsel draft a form?
04/23/2015 | Author: Editorial Staff
My client is involved in a transaction for which no TREC-promulgated form exists. Can my brokerage’s in-house attorney draft a form for the transaction?
Yes. TREC rules allow a licensed attorney to draft a form for a particular kind of transaction when a TREC-promulgated form does not exist. This would include in-house counsel for a brokerage.
As a licensee, you can’t provide legal advice to your client regarding the legal effect of that form. If your clients have questions about their legal obligations contained in the form, they need to talk to an attorney who can represent their interest—not an attorney who represents your firm’s interest.
Remember that as a Texas REALTOR®, you also have access to more than a hundred forms for various types of real estate transactions that are not covered by TREC-promulgated forms. These include both residential and commercial forms.
Get more answers to your legal questions on texasrealestate.com.
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