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Texas requires mediation before litigation when:

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Question & Answer

Review the question and all answer choices

A

Always for real estate disputes

Option A is incorrect because Texas does not require mediation for all real estate disputes. This misconception assumes mediation is an automatic step in all cases, but it's actually contract-dependent rather than universally mandated.

B

Only if specified in the contract

Correct Answer
C

For disputes over $50,000

Option C is incorrect because there is no specific monetary threshold in Texas that triggers mandatory mediation before litigation for real estate disputes. The dollar amount mentioned doesn't establish mediation requirements.

D

Only for commercial transactions

Option D is incorrect because mediation requirements in Texas are not limited to commercial transactions. The residential transactions governed by TREC contracts also include optional mediation clauses, though they must be specifically selected.

Why is this correct?

Option B is correct because Texas law does not mandate mediation before litigation for all real estate disputes. Mediation is only required when specifically included in the contract, such as in standard TREC forms where the mediation clause is optional and must be checked to be effective.

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