All of the following are valid exceptions to the mandatory use of TREC promulgated contract forms EXCEPT:
Correct Answer
C) A transaction where the license holder and the other party agree that the TREC form is unnecessarily complex
Mutual agreement between a license holder and the other party that the TREC form is 'too complex' is NOT a valid exception. The mandatory use requirement exists to protect the public and cannot be waived by agreement of the parties.
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Sales agent Brown wants to help her client by adding a clause to the TREC promulgated contract requiring the seller to pay for pest inspection. Brown should:
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A Texas sales agent is working in a transaction where the buyer's lender requires a specific addendum not included in the TREC promulgated addenda. The lender's addendum was prepared by the lender's legal department. May the sales agent use the lender's addendum?