Disclaimers & Notices
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- Disclaimers & Notices
Public Web Sites Disclaimer – This disclaimer would apply to all real estate agents. We list your property on your local MLS system. Each MLS system has different and many common public web sites, to which they download. This is beyond our control and is a function of the MLS in your area. For the reason mentioned, we cannot guarantee your property will be listing on public websites and cannot guarantee content or number of photos on these sites (these site are in business to sell leads to agents) the only control we have over content is through the MLS, however, we do guarantee your home will be listed on the MLS. On our site, we publish many sites that your property will show up on and there are many sites that your property will show up on, that we do not mention. There is not “one big MLS system” but rather a bunch of MLS systems specific to each region, but once your home is on your MLS, it will download to many public websites. Please let us know if you have any questions about this. The number of photos allowed is a function of the local MLS (15-50 photos depending on the MLS). Some MLS's may not downloading to websites like Zillow & Trulia. These 2 sites seems to have a real problem getting data correct and this is true on all agent's listings.
Leads from websites like Zillow and Realtor.com - These sites are owned by companies that are in business to sell leads to agents. Most of the time we do not get any leads from these sitesbut if we do, we give them your contact information. This will have no bearing on the sale of your property as it works this way with all agents. An interested buyer will come look at your property.
Your contact info will be on the MLS for agents to call you with questions. When potential buyers or Tennant call into our phone system they are directed to www.callhomeowner.com to get your contact info and on our sign they are directed at www.setshowing.com
Sign post not included with sign. Sign is 18"x24" - Sign frame can be purchased and Home Depot, Lowes and many hardware stores. Many times owners have already purchased a "for sale by owner sign" and our sign can be used with these frames, in most cases. Unless you order or Deluxe Sign and stand is included.
You can still sell your home as a For Sale By Owner and we are still here to advise but do not need or want to be put on the contract.
We comply completely with SB 810 on all our listing packages (along with all rules and regulations by TREC, TAR, NAR & MLS Boards) - that includes a provision that requires a broker who represents a party or who lists real property under an exclusive agreement to: inform the party of material information related to the transaction, including the receipt of an offer by the broker, and answer the party's questions and present any offer to or from the party. The bill prohibits a broker who represents a party from telling another broker to negotiate directly with the broker's client. The bill further provides that, for purposes of 1101.157, a license holder who has additional authority to bind a party under a power of attorney or a property management agreement is considered a party to the lease or sale; an inquiry to an employee of a builder or developer about contract terms or forms does not violate §1101.652(b)(22) if the person does not have authority to bind the employer to the contract; the delivery of an offer to a party does not violate §1101.652(b)(22) if the party's broker consents to the delivery and a copy of the offer is sent to the party's broker; and provides an exception to the requirement of sending a copy of the offer to a party's broker if the party is a governmental agency using a sealed bid process that does not allow a copy to be sent to the broker.
Minimum Services Requirements TRELA §1101.557 ACTING AS AGENT; REGULATION OF CERTAIN TRANSACTIONS (a) A broker who represents a party in a real estate transaction or who lists real estate for sale under an exclusive agreement for a party is that party’s agent. (b) A broker described by Subsection (a): (1) may not instruct another broker to directly or indirectly violate Section 1101.652(b)(22); (2) must inform the party if the broker receives material information related to a transaction to list, buy, sell, or lease the party’s real estate, including the receipt of an offer by the broker; and (3) shall, at a minimum, answer the party’s questions and present any offer to or from the party. (c) For the purposes of this section: (1) a license holder who has the authority to bind a party to a lease or sale under a power of attorney or a property management agreement is also a party to the lease or sale; (2) an inquiry to a person described by Section 1101.005(6) about contract terms or forms required by the person’s employer does not violate Section 1101.652(b)(22) if the person does not have the authority to bind the employer to the contract; and (3) the sole delivery of an offer to a party does not violate Section 1101.652(b)(22) if: (A) the party’s broker consents to the delivery; (B) a copy of the offer is sent to the party’s broker, unless a governmental agency using a sealed bid process does not allow a copy to be sent; and (C) the person delivering the offer does not engage in another activity that directly or indirectly violates Section 1101.652(b)(22).
Sale of Equitable Interests in Real Estate Clarified (Investors)
SB 2212 amends Chapter 1101 to codify the clarifying changes to TREC rules regarding sale of certain equitable interests in real property. Just like the rule, this statutory change clarifies that a person selling or offering to sell an option or assigning an interest in a contract to purchase real property must accurately disclose to potential buyers the nature of the interest offered. If a person offers a property for sale when the person does not own the property, that person is engaged in brokerage and must be licensed to do so. This is the current law. If a person offers to sell an option or assign an interest in a contract on a property, the person must accurately describe the interest being offered. The same requirement for accuracy is added in the Property Code. The practice of “wholesaling” remains legal if these “truth in advertising” rules are adhered to.
The Energy Conservation Audit and Disclosure (ECAD) AUSTIN CITY LIMITS
Jack or Sheila McLemore