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Answers Continued....
08/22/10
Question (TX): I
listed a property on a Commercial Real Estate Agreement,
Exclusive Right To Sell with a broker in Texas. I
initialed the bottom of 5 of the 8 pages but never
signed the final page 9. Is it considered binding
without my signature?
Also, when I asked the
broker to provide copies of the listing agreement to me
later, not only was my signature missing on the last
page, but a substitute page had been added with a
different date by two weeks. It clearly had been
whited-out!
Answer: No, it
is not a binding contract without your signature as the
principal on page 9.
Question (TX):
When we moved into our home in October 2007 we were told
we would not have to pay MUD taxes. There were also
signs out in front of the subdivision that stated there
were no MUD taxes. In addition, the sales assistants
whom we assume were employees of the builder, told us
there were no Mud taxes.
About a year after we
lived here, Mud Taxes appeared on our tax statement. The
MUD taxes sent our mortgage payment up $350. Is it legal
for the builder to get a bond and require the residents
to pay for it without our consent?
Answer:
You’ve stated, in several places, that persons you
assumed were employees of the builder, told you there
were no MUD taxes. Also that signs on your subdivision
before you moved in stated you would not have to pay MUD
taxes.
We suggest that you thoroughly read the disclosures
provided when you bought your property. State law
requires a Municipal Utility District (“MUD”) must be
disclosed when selling the property since it is a new
taxing authority.
If you want a legal
opinion about whether or not the builder complied with
the Texas statutes that govern this type of development,
we urge you to contact an attorney of your own choosing.
Question (TX): I
have a contract with a real estate firm to sell my
house. It has been on the market for nearly 4 months. We
have a contract for 6 months on the listing. To date the
house has not been shown one time. Can I terminate my
contract with the real estate company before the
contract expiration without risking breach of contract?
Thank You.
Answer: No. You
will most likely be breaching your listing contract.
However, the key question here is whether or not you
have “cause.”
We recommend that you
first communicate with the agent with whom you have
listed your property. Tell him or her that you are
unhappy with no showings in four months. If you are not
satisfied with that result, communicate with the Agent’s
Broker, the one who is responsible for that agent’s
authorized actions.
You may wish to read page 14 of the Texas Real Estate
Commission’s (“TREC”) Legal and Ethics Mandatory
Education requirements for licensees at
http://www.trec.state.tx.us/pdf/education/legalandethicscourses/Ethics2010-CourseManual-Student.pdf.
It states: “The agency relationship is highly personal.
It requires continuing consent of the principal and the
agent. At any time, the agency relationship may be
terminated by either party; however, an early
termination without cause might expose the terminating
party to liability under the representation agreement.”
Also, you can always
access the Texas Association of REALTORS® ("T.A.R.") at
1-800-873-9155. Ask to speak with someone regarding
T.A.R.'s Ombudsman Program. We’re told this free program
has met with great success.
Question (TX):
We have owned a property on 2.2 acres for a year now.
The house was originally built in 1986. On the side by
our driveway is an empty 9 acres that is 2 feet higher
than our driveway and house. This has caused driveway
and foundation problems.
When they designed the
driveway, they actually poured it at least 10 feet over
on the other empty property causing an encroachment onto
that property.
The empty 9 acres has
been resold and noted with our driveway encroaching onto
their property. If they begin to develop we could have a
major drainage problem on our hands. Our engineer did
not seem to notice a big part of our foundation problem
was from the empty land draining into our driveway and
house. We found it out when we had massive rains after
we had already moved in.
Would this be covered
under the Adverse Possession Law, since the driveway was
established years ago and it is noted in the deed of the
new owners?
Answer: No, we
don’t believe it would. The claim of Adverse Possession
is established when circumstances are such that it is
visible to others. In other words, others are or should
be on notice that the possessor is asserting a claim of
right to the property that is actual, open, notorious,
exclusive, hostile, continuous, and uninterrupted for
the applicable statutory period referred to in the Texas
Civil Practice and Remedies Code as statutes of
limitation. Note that the burden here is on the owner.
Before proceeding any further, we advise you to seek
legal counsel who can explain the details involved in
making such a claim. |
