你可能认为你只是在帮忙, 但如果你不小心, your advice could fall outside the scope of your real estate license. The unauthorized practice of law can lead to complaints, lawsuits, or other consequences.
以下是需要避免的五种常见情况. When in doubt, recommend your client speak with an attorney.
写升级条款
TREC rules prevent you from writing escalation clauses. TREC规则537.11(b)(5) says license holders may not “draft language defining or affecting the rights, 义务, or remedies of the principals in a real estate transaction, 包括升级, 评估, 或其他应急条款.” Clients who wish to add escalation clauses should work with a lawyer.
增加特别规定
你 can only use the Special Provisions paragraph in TREC contracts to complete contract blanks if more space is needed, 披露的事实, 并提供指导. If a form or addendum has been approved by TREC for mandatory use, you must use that form rather than Special Provisions. 你不能添加, 删除, or modify anything in the contract that affects the rights, 义务, or remedies of the parties unless a party or a party’s attorney drafts the change.
起草修复语言
就像特殊条款一样, you cannot create language that affects the rights, 义务, or remedies of the parties in paragraph 7D(2) of TREC contracts or in a repair amendment. 你 may list the items in need of repair, but only a party or the party’s attorney can draft additional language creating or modifying the parties’ rights relating to completion of repairs, 检查, 文件交付, 或者终止合同.
提出所有权异议
Agents often call the 德州2021十大正规彩票app经纪人® 法律 Hotline asking how to make title objections under Paragraph 6D of TREC contracts. 你 shouldn’t advise on these matters—your clients or their attorney should make the objections after reviewing the title.
提供法律意见
Just because you work with contracts does not mean you have expertise in all aspects of them. 你 can explain the meaning of various choices in the contract, but you should not give opinions on the legal effect of any contract. 你 also should not discuss the validity of title to real estate. Clients should direct those questions to an attorney. The contract terms must come from the parties involved or their attorneys, not you. 你 are also not qualified to answer questions about how to handle possible contract breaches.