我客户的房源是一栋占地15英亩的房子. A buyer's agent submitted an offer for his client on the One to Four Family Residential Contract (Resale). My client is concerned that the residential form won't address the outstanding mineral interests, but the buyer's agent says he often uses this form for situations such as this and his client is OK with using that contract. Does the use of that form instead of the 农场和牧场合同 make any difference?

是的. 第6段 农场和牧场合同 (焦油1701, TREC 25-10) has specific language that deals with outstanding mineral interests that would be an exception to title in the owner's title policy and in any deed to the property. 的 农场和牧场合同还包括未偿还的地租, and any farm and ranch improvements and accessories that might be involved in this sale.

A buyer interested in purchasing the property even when mineral interests have already been conveyed to or reserved by another person can list the exception documents in the offer. 的 seller can provide documents that contain or reserve those mineral interests to any prospective buyer to list in Paragraph 6. 当上市, those interests would be acknowledged by the parties and not subject to objection by the buyer during title commitment review.

To ensure the buyer and the seller have a meeting of the minds about the nature of the title to the property and the outstanding mineral interests, the seller could provide the appropriate documents to the buyer and require the use of the 农场和牧场合同作为接受买方任何报价的条件.

My client bought a vacant lot in a neighborhood years ago and never built on it. 现在他想卖掉这块地. 我应使用哪一份上市协议出售物业?

的 listing agreement you choose depends on how the buyer will likely use the property. If a buyer will probably use the lot for residential purposes, like building a home, the 住宅2021十大正规彩票app上市协议,独家销售权 (TAR 1101)是最好的选择.

以减少混淆卖家的可能性, 上市经纪人, 作为协议的委托人, 可以删除协议中适用于改进的部分吗, or add a statement in the Special Provisions paragraph indicating that the property is an unimproved lot.

的se same considerations apply for selecting a listing agreement if the buyer’s likely intended use of the unimproved property would be for commercial or farm and ranch purposes.

My client wants to sell his house using a contract drafted by his attorney instead of the TREC-promulgated form. 这样可以吗??

是的. While license holders are required by law to use a TREC-promulgated form when one exists for a particular transaction, 有一个例外,当你的客户, 事务的主体, 要求你使用他的律师准备的合同. This exception only applies if the contract has been prepared by an attorney 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.

Since TREC doesn’t offer a residential lease or commercial contracts, 我的经纪公司的内部律师可以起草这些表格吗?

Texas Real Estate Commission rules allow you to use a form drafted by a Texas lawyer—including a brokerage’s in-house counsel—for a particular kind of transaction when no mandatory TREC form exists as long as the form contains:

  • 准备表格的律师的名字
  • 为其准备表格的经纪人的名字
  • 的 type of transaction for which the lawyer approved the use of the form
  • 对使用表单的任何限制.

如果表格是改变权利的附录, 义务, 或一方根据强制性TREC合同或附录采取的补救措施, 它必须有这些额外的项目:

  • 关于附录如何改变权利的声明, 义务, 或者一方的救济, with a reference to the relevant paragraph number in the mandatory use form
  • 声明该表单不是强制的TREC表单
  • A statement that TREC rules prohibit real estate license holders from giving legal advice.

成员 of 德州2021十大正规彩票app经纪人® have exclusive access to more than 130 forms for various types of real estate transactions not covered by mandatory TREC forms, 包括住宅和商业形式. See if there is a form already available for your transaction in the 得克萨斯州2021十大正规彩票app的形式部分.com.