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Can a brokerage’s in-house counsel draft a form?

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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.

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Categories: Forms, Legal
Tags: legal faq, contracts, trec rules

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Legal disclaimer

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.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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