A Texas license holder prepares a TREC promulgated contract for a residential sale. Before the buyer signs, the license holder strikes through the paragraph regarding the survey requirement and writes 'N/A - Survey Waived' in the margin. What is the potential consequence for this license holder?
Correct Answer
B) Disciplinary action by TREC, including possible suspension or revocation of the license
Striking through paragraphs and writing in alternative language constitutes unauthorized modification of a TREC promulgated form, which is a violation of TREC Rules §537.11. This can result in TREC disciplinary action including license suspension or revocation, regardless of whether the contract has been signed.
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Related Topics & Key Terms
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Related Concepts
Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.
The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.
A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.
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