A buyer asks her Texas sales agent to draft an indemnification clause and add it to the TREC promulgated contract. The sales agent explains that she cannot draft legal language. The buyer then asks the agent to copy an indemnification clause from a previous transaction and paste it into the current contract. Should the agent comply?
Correct Answer
C) No, because inserting any legal clause, whether drafted or copied, is unauthorized practice of law
Regardless of whether the language is newly drafted or copied from another source, inserting legal provisions into a promulgated form constitutes the unauthorized practice of law for a license holder. The prohibition applies to all legal language, not just language the agent personally composed.
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