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Can my client choose an attorney’s contract over TREC’s?

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04/09/2015 | Author: Editorial Staff

My client wants to sell his house using a contract drafted by his attorney instead of the TREC-promulgated form. Is that OK?

Yes. While licensees are required by law to use a TREC-promulgated form when one exists for a particular transaction, there is an exception when your client, a principal to the transaction, requires you to use a contract prepared by his attorney. This exception only applies if the contract has been prepared by an attorney and at the request of the principal. You should document that your client has made this requirement, and remind him to direct any questions he may have about the contract to his attorney.

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Categories: Forms, Legal
Tags: legal faq, trec forms

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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 texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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