Relocator questions signing certain TREC form

Q : I’m moving to Texas and am looking for a house to buy. Every time I talk about making an offer, the agent puts a form in front of me to fill out. The Texas Real Estate Commission publishes it. Can I use their form without purchasing the form? It seems so odd. A : This form is the product of the Texas Real Estate Commission’s broker/lawyer committee. This committee was created by Texas law in the late 1970s. The form is required for use by all Texas real estate license holders. They can use these forms and not be practicing law. It is also available at no charge for use by consumers. Go to the TREC website at www. trec.texas.gov and find many other forms that are available for your use. Q : I’m a listing broker. I recently received an offer from a purchaser, but the earnest money check was not attached. My seller accepted the offer and put it in the title company, but it has been seven days and neither the option money or earnest money was paid. My seller is furious and wants the earnest money forfeited. Where do we go from here? A : You should not have presented the offer without the check (read paragraph 5). The seller should not have signed it without the earnest money, the title company should have noted that there was no earnest money. In the best of all worlds, the buyer and buyer’s agent have bamboozled you. You may have an enforceable contract but no earnest money, no remedy, nothing to forfeit except by suing the buyer. This is an expensive remedy, at best. Your remedy now is to get the earnest money or declare a default pursuant to paragraph 15. Q : I bought a property in a zoned city, and have discovered that I must have a zoning change. The planning and zoning commission didn’t listen to me. I appealed to the board of adjustment and they didn’t listen. They said I had no “hardship.” I can’t build my proposed project. Isn’t that a hardship? A : Welcome to the world of zoning. The planning and zoning commission has the right to review and recommend zoning changes, and there are statutory obligations they have to conform to. The same is true of the board of adjustment. Your only step now is to sue in district court. You have to show that the city was arbitrary and capricious, a very tough burden of proof. They probably loaded up their decisions with lots of reasons. Find yourself a good, experienced zoning lawyer and see if you have a case. Q : I have been divorced for almost four years. I put my house on the market, accepted a contract and the title company says my ex-husband is still on the title and he has to sign. I don’t like this guy and he will never cooperate. What do I do now? A : Go back to your divorce lawyer and have him explain why he never signed a deed as a part of the divorce. If your settlement agreement gave you the house, get a copy and give that to the title company. These are common issues, the title company can probably walk you through it, but it may take a little time. These are emotional issues and not easily dealt with.