Practice Test Flashcards
What are Texas real estate agents allowed to do with promulgated forms?
Texas real estate agents are allowed to use promulgated forms provided by TREC and fill in the blanks as necessary for a transaction. They are not permitted to draft new contracts, revise existing promulgated contracts, or provide legal advice unless they are also licensed attorneys.
When does a real estate contract become legally binding?
A real estate contract becomes legally binding when all parties have signed or initialed the agreement and the acceptance has been communicated to the other party.
What must listing contracts in Texas include regarding commissions?
Listing contracts in Texas must include a provision that real estate commissions are negotiable.
What is permissible for a real estate agent regarding property title?
Telling the buyer known facts about the property that might affect the title is permissible for a real estate agent.
Who is responsible for drafting and revising contracts and forms for real estate agents?
Drafting and revising contracts and forms for real estate agents is the primary responsibility of the Broker-Lawyer Committee.
What is the effective date of a contract?
The effective date of the contract is when all parties have signed or initialed the agreement and the acceptance has been communicated to the other party.
What is a Bilateral Contract?
A Bilateral Contract is a type of agreement where both parties have rights and obligations.
What is Mutual Assent in contract law?
Mutual Assent is the agreement of all parties to all terms in a contract.
What is an executed contract?
An executed contract is one where both parties have agreed to and signed the contract, making it legally binding.
What does TRELA ensure regarding sales commissions?
TRELA ensures that sales commissions are always negotiable, protecting consumers and fostering fair competition.
Is there a legal maximum commission rate in Texas?
No, because commissions are negotiable and not regulated by law.
What does consideration refer to in a contract?
Consideration refers to something of value exchanged between parties in a contract.
What is novation in contract law?
Novation is the substitution of a new contract for an existing one, effectively discharging the original contract.
What is an option to buy in real estate?
An option to buy is a contract feature that allows a buyer to purchase a property within a specified time frame at an agreed-upon price.
Is it appropriate to remove fixtures before showings?
Yes, because removing the chandelier before showings avoids confusion with potential buyers.
How is the sale price in a real estate sales contract calculated?
The sale price in a real estate sales contract equals the down payment and financing added together.
Are private transfer fees enforceable under Texas law?
Private transfer fees are not binding or enforceable under Texas law.
What is a Buyer’s Temporary Residential Lease?
A Buyer’s Temporary Residential Lease is required when a buyer moves in before closing.
What is a promulgated form?
A promulgated form is one that has been officially published and mandated for use in real estate transactions.
Where are penalty funds from transfer fee violators placed?
Penalty funds collected from transfer fee violators are placed in the general revenue fund of the State.
When is a temporary lease appropriate?
A temporary lease is appropriate for short-term situations, such as when the seller stays in the property for a few days after closing.
What does the Title Policy and Survey paragraph ensure?
The Title Policy and Survey paragraph ensures that buyers are aware of any annexation-related issues that may affect the property.
What is the Unimproved Property Contract designed for?
The Unimproved Property Contract is specifically designed for transactions involving land that has no improvements.
What does the TREC Addendum for Back-up Contract allow?
The TREC Addendum for Back-up Contract allows a buyer to submit an offer on a home that already has a contract.