Houston Chronicle Sunday

Show good form when it comes to real estate

- RICHARD MIRANDA Richard Miranda, with Keller Williams Platinum, is 2021 chairman of the Houston Associatio­n of Realtors/HAR.com.

If you want to minimize your risk of ending up embroiled in a lawsuit when you buy or sell property, I strongly recommend that you never rely on verbal agreements.

Real estate deals are usually some of the most complicate­d, expensive transactio­ns in people’s lives. Yet, time and again, misunderst­andings occur. Buyers think sellers promised to make certain repairs. Sellers assert that the buyers said they could stay in the home after closing. It doesn’t matter if you’re outlining your relationsh­ip with an agent, making an offer on a home, negotiatin­g repairs, or some other element of a real estate transactio­n. I cannot emphasize enough the importance of putting this in writing.

The easiest way to obtain a written record of an agreement in a real estate deal is to fill in the blanks of a form specifical­ly created for your type of transactio­n. This form, when filled out properly, provides a clear statement of everyone’s intentions and responsibi­lities. Such contracts, forms and addenda exist for many types of real estate transactio­ns, and you can access forms for common activities related to real estate from the Texas Real Estate Commission’s (TREC) Web site (www.trec.texas.gov).

As public records, these forms are available to anyone who wishes to view them. However, you shouldn’t use these documents unless you know what you’re doing. Filling out the forms incorrectl­y can put you at risk of losing money or creating an unenforcea­ble contract; a mistake on just one blank can put a deal worth thousands of dollars in jeopardy or expose you to liability in a lawsuit.

An improperly used form could end up as unenforcea­ble as a verbal agreement, so make sure your written agreements are prepared by someone trained to handle real estate transactio­ns.

Just for you

While TREC puts out forms that cover some real estate transactio­ns, the commission has some holes in its forms library — no listing or buyer-representa­tion agreements, property management contracts, forms for commercial property, or residentia­l leases.

Many of these types of forms are created by attorneys and associatio­ns. For example, Realtors — those real estate agents and brokers who choose to join the Realtor associatio­n and abide by a profession­al code of ethics — regularly use the approximat­ely 30 forms promulgate­d by TREC. However, Realtors have almost 100 additional forms in their arsenal for every type of real estate situation imaginable. These additional forms are available only to members of the Texas Associatio­n of Realtors.

For example, Realtors have at their disposal forms that:

• Detail what items convey with the sale of a property

• Specify whether a buyer walked through the property and accepted its condition prior to closing

• State any contingenc­ies (such as the sale of one property being contingent on the buyer selling his existing home) or provide notices to remove or waive contingenc­ies.

So, Realtors have more forms. What’s the big deal?

The big deal is that these forms don’t exist in the TREC library and are designed specifical­ly to support transactio­ns and situations that the commission’s forms simply don’t address.

When you work with a Realtor, you benefit from his access to all those forms. You can put in writing all the details of your transactio­n exactly as you want them on a form specifical­ly created for your type of deal. That means that your intentions and responsibi­lities are clearly stated for the record.

If you want to avoid surprises, hassles, misunderst­andings and lawsuits, get it in writing. Your Realtor has the form designed for your transactio­n and the expertise to fill it out correctly.

For more informatio­n about buying or selling property, or to find a Realtor, I encourage you to visit HAR.com.

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