The Texas Real Estate Commission met on August 7 and adopted amendments to existing rules and proposed several more. 查看会议资料包, which provides more details about all the changes, 在TREC的网站上. Here’s a breakdown of a few proposals related to 形式. Find a list of other rule changes proposed by TREC 在这里.

TREC正在提议修订第537条.11、使用标准合同表格. This rule currently says license holders may only use contract 形式 promulgated by TREC, 除了少数例外.

TREC proposed amendments to some of those exceptions, including Section 537.11(a)(3), to state that while 一般ly license holders must use TREC 形式 in their transactions, TREC 形式 are not required for transactions in which a principal or a 委托人的代理律师 准备合同表格或附录. If TREC adopts this amendment that says a lawyer-principal relationship is necessary for a lawyer to draft a contract, this means a lawyer for a title company or a brokerage could not draft a contract or addendum for a transaction unless he or she is representing the buyer or seller.

如果对第537条提出修正案.11(a)(3)获得通过, certain 形式 could still be drafted by a lawyer who is not representing a principal to a transaction because the rule would not change the current exception of using lawyer-drafted 形式 in transactions for which no mandatory form has been approved by TREC. This is what allows TAR to create commercial 合同 or residential lease 形式, for example. The only change 在这里 is that the form must contain the following information:

  • Name of the lawyer or trade association who prepared the form
  • Name of the broker or trade association for whom the form was prepared
  • The type of transaction for which the lawyer has approved the use of the form
  • 对使用表单的任何限制
  • A statement that the form has not been approved by TREC; and
  • A statement that TREC规则 prohibit real estate license holders from giving legal advice.

除了, TREC has made another proposal that would affect TAR’s ability to provide 形式 to members that amend existing mandatory 形式 from TREC, 比如 发放保证金 或者是 搬迁附录，它们不是TREC形式. 你可以在这里阅读更多关于这个提议的内容.

Share your feedback on proposed rule changes with TREC

The earliest these proposed rule amendments could be adopted is during the next TREC meeting, 定于11月13日.

You can provide comments about these proposed rule changes for at least 30 days after they are published in the 德州注册 通过发邮件 一般.counsel@trec.德州.政府. The proposals from the August 7 meeting will likely go live August 25; you can enter “Texas Real Estate Commission” in the Agency Name field on this page 当规则发布在 德州注册.

Comments made on this blog post will not be read by TREC and do not count as official feedback on proposed rule changes.

TREC通过或提议的其他规则变更: