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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

Texas does not require mediation for all real estate disputes as a matter of law β€” there is no Texas statute that universally mandates pre-litigation mediation in real estate transactions; the obligation arises only from a contractual agreement between the specific parties to a specific transaction, making 'always' an overbroad and legally inaccurate statement.

B

Only if specified in the contract

Correct Answer
C

For disputes over $50,000

Texas law does not establish a $50,000 threshold or any dollar-amount trigger for mandatory mediation in real estate disputes; this type of dollar threshold might be confused with small claims court jurisdictional limits or arbitration thresholds in other contexts, but it has no basis in Texas real estate contract law.

D

Only for commercial transactions

The TREC mediation clause applies to residential real estate transactions, not exclusively commercial ones β€” in fact, TREC's jurisdiction and promulgated forms are primarily focused on residential transactions, and commercial real estate contracts are often custom-drafted and may or may not include mediation clauses depending on the parties' negotiation.

Why is this correct?

The TREC One to Four Family Residential Contract (and other TREC-promulgated forms) includes a mediation clause in Paragraph 16 that requires the parties to mediate any dispute before filing a lawsuit, but this obligation only applies if the mediation clause has been agreed to and is reflected in the executed contract β€” if the parties did not include or activate this clause, neither party can compel the other to mediate before litigating. This is consistent with the fundamental contract law principle that parties are bound only by the terms they actually agreed to, not by terms that could have been included but were not.

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