Special offer

Write it down

By
Real Estate Agent with JLA Realty TREC # 0524744

Want to decrease your chances of ending up embroiled in a lawsuit when you buy or sell property? Then don't 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 agreed to let them 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 key task. Get it in writing.

Show good form

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 transaction, and you can access forms for common activities related to real estate from the Texas Real Estate Commission's Web site, www.trec.state.tx.us.

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.

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 the Texas Real Estate Commission 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 the Texas Real Estate Commission. However, Realtors have almost 100 additional forms at their disposal for every type of real estate situation imaginable. These additional forms are available only to members of the Texas Association of Realtors® and Houston 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

More forms, more protection

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

Well, when you work with a Realtor, you benefit from 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.

Many of the Texas Association of Realtors® forms are also translated in Spanish. Even though these forms aren't legally binding, they provide a way for consumers more comfortable speaking and reading Spanish to better understand what they're agreeing to.

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, visit http://www.texasrealestate.com/ or http://www.har.com/ and for all of your Pearland TX and Northern Brazoria and Galveston County real estate needs, please visit my site at http://www.danfrankrealty.com/.  Danny Frank is a local Pearland Real Estate expert.

This column was published in the 30March08 edition of the Galveston County Daily News.

Posted by

Danny Frank
A Texas Realtor
JLA Realty

The Pearland Real Estate Expert

Servicing all areas in the greater Houston area and the Central Texas area


Are you getting ready to sell or purchase your house or land in the area or any surrounding areas of SE Texas? 

Helping Texans make the best real estate decisions since 2004.

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Charlie Ragonesi
AllMountainRealty.com - Big Canoe, GA
Homes - Big Canoe, Jasper, North Georgia Pros
You  said it in the first sentence WRITE IT DOWN. The rest was a really good post with great advice
Apr 01, 2008 12:14 AM
Danny Frank
JLA Realty - Pearland, TX
The Pearland Real Estate Expert
Everyone in the party must get it in writing...
Apr 01, 2008 12:20 AM
Gary McAdams
GMAC Schwartz Property Sales - Key West, FL
I have gotten stuck once by accepting a verbal counter and after learning the hard way I tell all buyers, sellers and other agents I will not even present a verbal offer or counter.  Verbal communication is not enforceable.
Apr 01, 2008 12:27 AM
Jason Keeling
Ryson Real Estate - Galveston, TX
good stuff... Thats one of the many reasons to use a REALTOR on your next transaction...
Apr 01, 2008 05:31 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA
Danny:  I write EVERYTHING down.  And I don't want to ever be in a position to use it in an arbitration, or any other dispute.  But should it happen, I will bore everyone to death my detailed notes. 
Apr 02, 2008 03:39 AM
Anonymous
Richard Pollak

Richard j Pollak 4541 C.R.138A Alvin Texas 77511 fersur@sbcglobal.net

DEED Contract ignored and I am in Pearland Texas area, No Help Now here, yet.

Judgment Award Appeal waited for ENRON Judge then day in Court denied, then Fifth Circuit also denied, now Foreclosure notice, DEED Stipulation Paragraph Edit on Judgment was Substance of Appeal, Day Rate damages was Substance of Lawsuit, $1,000.00 Award was Appeal, Attorney received expense Judgment!

Sued Washington Mutual Core Adversary under Seal Judge changed defendant to Homeside Lending allowing Washington Mutual Attorney to call Homeside Lending to Testify, reversed for Judgement Award Payment, but Board Certified Attorney Certified Mail RESPA request {ignored by Washington Mutual} became inadmissible. My lay person RESPA request was being ignored, BBB forwarded and was also ignored, RESPA request received the only damage Judgment, {thanks to the BBB support} substance matters related in RESPA request that Judge took under advisement pertaining, was absent from Judgment and ignored to date.

Loan Manager Testified Coveted Prepayment are Common Practice Defendable, despite Bank One standard DEED Cover Page, Bold Print Stating Prepayment requires Signed Authorization, highlighting occurrence damage. Paragraph was edited by cropping on Judgement reversing intended meaning, bottom half of Paragraph was Quoted on Judgment.

Loan Manager Testified Coveted Escrow reductions are Common Practice Defendable, despite altering every Documents History relative, Evidenced.

Loan refinance was blocked, Bankruptcy was forced and reversible by Loan History production. Homeside Lending stated Bank One N.A. Loan Originators action was a "Principal Curtailment" Loan Originator transferred Loan, Lenders attempt at Curtailment reversal became Escrow reduction {I call it Escrow Curtailment} Lender Coveting Actions required false IRS 1098 Form, false Credit Reporting, Attorney RESPA request being ignored and My RESPA request being Ignored, BBB Arbitrator Chair with Membership was removed from Washington Mutual for Three Years, understand Loan History was supplied on release of Stay Day Pretrial, itemizing Curtailments, calling for Court Action, expecting not to experience Supporting Attorney failure to appear for hearing, sending unknown surrogate.

Respectfully prompt and current on all first twelve payments. Bank One N.A. Loan Originator transferred Loan after Nine months by action of reversing final payment to credit Loan Principal only {defined by Homeside Lending Loan Manager as "Principal Curtailment"} Comptroller of the Currency governs N.A. prohibiting' prior to Transfer, then Office of Thrift Supervision blindly governs.

Real time Loan Statements Payment Histories evidenced, including B.B.B. Support, that Loan Curtailments were for Five Year Coveted, Constitutes action was not Prepayment but multiple "Curtailments." Receiving Loan in transfer F.A Lender in attempt to reverse "Principal Curtailment" in admitted accounting error reducing Escrow, creating additional shortages "Escrow Curtailment" increasing demand of nearly $120.00 for 12 Months.

Loan History first produced on the same Day Bankruptcy Stay was removed by Washington Mutual, it was being Coveted by Homeside Lending Loan Manager {Testified Curtailments are Common Practice} Wa.Mu. acquired Homeside Lending and Loan Manager then Loan History following release of Stay.

Testimony by F.A Loan manager reported Common Practice for N.A. Lender to Breach DEED Term commitment stating Principal Curtailment to be Common Practice and Escrow Curtailment was Common Practice.

Concealed Loan payment Misapplications through Transition was defined by Learned Board Certified, as Theft. Jeopardizing robbery prosecution if My Home becomes foreclosed becomes Action becomes Federal Judge Rule, Ruling that Common Practice is Defendable Breach of Contract by Corporation. Judgement creates exploitable Case Law danger, because Washington Mutual Called Loan, review is in all best interest, despite all preferring closure without day rate damages arbitration.

 My Judge famed for largest Historic Bankruptcy Schlumberger oilfield Russia claimed 10 day appeal time-frame expired despite Clerk delay Posting for Postal Delivery and Second Judge {Award Appeal} famed for ENRON, refused Excusable Neglect Appeal, Borrowed April 2001 at 6.5% for 15 Years, no second, from Bank One N.A. {Comptroller of the Currency} regulated.

Apr 03, 2008 02:23 PM
#6
Anonymous
Richard Pollak

Richard j Pollak 4541 C.R.138A Alvin Texas 77511 fersur@sbcglobal.net

Loan History first produced on the same Day Bankruptcy Stay was removed by Washington Mutual, it was being Coveted by Homeside Lending Loan Manager {Testified Curtailments are Common Practice} Wa.Mu. acquired Homeside Lending and Loan Manager then Loan History following release of Stay.

Testimony by F.A Loan manager reported Common Practice for N.A. Lender to Breach DEED Term commitment stating Principal Curtailment to be Common Practice and Escrow Curtailment was Common Practice.

Concealed Loan payment For Five Years regulator "C.C." forwards all My inquiries to "O.T.S." that fails to govern or reply "O.T.S." never responds, A.G. never responds, D.O.J. never respond. Regulation by the C.C. instead of O.T.S will force Lender accountability eliminating stuck between, but Lender C.E.Os are destroying homesteads, helped by Stock Market & Future Trading. C.C. regulation transferred with Loan to O.T.S. Regulation failures, altered DEED Contractually.     Bankruptcy arrears paid-off in full Years ago, if Foreclosed, Presidents equates Judge allowed $1,500.00 "Curtailment" to transition into theft by "Common Practice" defense, liken-to Bank robber claiming "Common Practice" Defense and will be offered for Case Law exploitation!    100 days following Trial Judge Signed awarding {$1,000.00} RESPA Damages 4 of 10 day allowed appeal time-frame was spent before U.S. Mail delivered. {Bankruptcy RULE "RULE 2005"} extends in President 5 days all Judgment appeals, Appellate Attorney argued Excusable Neglect for spending 12 day's from Signed day to Appeal's filing day.  Washington Mutual recently returned $7,500.00 Core Bankruptcy Arrears skirting damages and overriding Judgment by default admittance, without rendering the Lawsuit's substance of arbitrated day rate damage, allowing Precedent that Theft ignored if defended as Common Practice!

 Misapplications through Transition was defined by Learned Board Certified, as Theft. Jeopardizing robbery prosecution if My Home becomes foreclosed becomes Action becomes Federal Judge Rule, Ruling that Common Practice is Defendable Breach of Contract by Corporation. Judgement creates exploitable Case Law danger, because Washington Mutual Called Loan, review is in all best interest, despite all preferring closure without day rate damages arbitration.

 My Judge famed for largest Historic Bankruptcy Schlumberger oilfield Russia claimed 10 day appeal time-frame expired despite Clerk delay Posting for Postal Delivery and Second Judge {Award Appeal} famed for ENRON, refused Excusable Neglect Appeal, Borrowed April 2001 at 6.5% for 15 Years, no second, from Bank One N.A. {Comptroller of the Currency} regulated.

Apr 03, 2008 02:30 PM
#7
Anonymous
Richard Pollak

Richard j Pollak 4541 C.R.138A Alvin Texas 77511 fersur@sbcglobal.net

Loan History first produced on the same Day Bankruptcy Stay was removed by Washington Mutual, it was being Coveted by Homeside Lending Loan Manager {Testified Curtailments are Common Practice} Wa.Mu. acquired Homeside Lending and Loan Manager then Loan History following release of Stay.

Testimony by F.A Loan manager reported Common Practice for N.A. Lender to Breach DEED Term commitment stating Principal Curtailment to be Common Practice and Escrow Curtailment was Common Practice.

Concealed Loan payment For Five Years regulator "C.C." forwards all My inquiries to "O.T.S." that fails to govern or reply "O.T.S." never responds, A.G. never responds, D.O.J. never respond. Regulation by the C.C. instead of O.T.S will force Lender accountability eliminating stuck between, but Lender C.E.Os are destroying homesteads, helped by Stock Market & Future Trading. C.C. regulation transferred with Loan to O.T.S. Regulation failures, altered DEED Contractually.     Bankruptcy arrears paid-off in full Years ago, if Foreclosed, Presidents equates Judge allowed $1,500.00 "Curtailment" to transition into theft by "Common Practice" defense, liken-to Bank robber claiming "Common Practice" Defense and will be offered for Case Law exploitation!    100 days following Trial Judge Signed awarding {$1,000.00} RESPA Damages 4 of 10 day allowed appeal time-frame was spent before U.S. Mail delivered. {Bankruptcy RULE "RULE 2005"} extends in President 5 days all Judgment appeals, Appellate Attorney argued Excusable Neglect for spending 12 day's from Signed day to Appeal's filing day.  Washington Mutual recently returned $7,500.00 Core Bankruptcy Arrears skirting damages and overriding Judgment by default admittance, without rendering the Lawsuit's substance of arbitrated day rate damage, allowing Precedent that Theft ignored if defended as Common Practice!

 Misapplications through Transition was defined by Learned Board Certified, as Theft. Jeopardizing robbery prosecution if My Home becomes foreclosed becomes Action becomes Federal Judge Rule, Ruling that Common Practice is Defendable Breach of Contract by Corporation. Judgement creates exploitable Case Law danger, because Washington Mutual Called Loan, review is in all best interest, despite all preferring closure without day rate damages arbitration.

 My Judge famed for largest Historic Bankruptcy Schlumberger oilfield Russia claimed 10 day appeal time-frame expired despite Clerk delay Posting for Postal Delivery and Second Judge {Award Appeal} famed for ENRON, refused Excusable Neglect Appeal, Borrowed April 2001 at 6.5% for 15 Years, no second, from Bank One N.A. {Comptroller of the Currency} regulated.

Apr 03, 2008 02:30 PM
#8
Ricki Eichler McCallum
CastNet Realty - Corpus Christi, TX
Broker,GRI,ABR, e-Pro, TAHS
Danny,  This is a very good post with good information for the public and a reminder to Realtors, and other agents why they need to be Realtors.  Thanks for taking the time to write such a good piece.
Apr 03, 2008 03:34 PM
Gene Wunderlich
1st Action Real Estate - Murrieta, CA
Realtor & Legislative Liaison
Great info. Alweays a good reminder to keep everything in the open and agreed upon. It's much harder to sue somebody if they've got you agreeing in writing to the outcome.
Apr 03, 2008 04:17 PM
Danny Frank
JLA Realty - Pearland, TX
The Pearland Real Estate Expert

Dear Richard Pollak,

I am not sure why you chose to post what you did on my blog.  It seams to be a ramble on about a law suite and from my take you are not very happy.

Apr 04, 2008 01:07 AM
Alan Kirkpatrick
Austin Texas Homes - Round Rock, TX
Alan in Austin

Danny:

Some very sound advice and great information. Thanks for the post.

Apr 04, 2008 03:48 PM
Anonymous
Cheryl S. Glover, CRS, CIPS, GRI, TRC
It is always the way to go.  Write it down! Send confirmation of your conversation. Use forms that are available.  Use a system to follow up on transactions. 
Apr 04, 2008 03:51 PM
#13