A Texas license holder receives a purchase offer from a buyer's agent. The offer uses the correct TREC promulgated form, but the buyer's agent has typed additional paragraphs on a separate page labeled 'Additional Contract Terms' and attached it to the form. These terms were not drafted by an attorney. What should the listing agent advise?
Correct Answer
B) Present the offer to the seller but advise that the additional terms may violate TREC rules and recommend consulting an attorney
The listing agent has a duty to present all offers. However, the agent should advise the seller that the buyer's agent may have violated TREC rules by drafting additional contract terms (unauthorized practice of law). The seller should consult an attorney regarding the additional terms.
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