Can I hire a real estate agent to only prepare the Texas REALTOR's Residential Lease?
Hi I found my new tenant on my own without a realtor representing me. However I want to use the Texas Association of REALTOR's residential lease --- I saw that only licensed realtors can use it, and I hired an agent just to fill in the lease (no representation beyond drafting the lease, therefore she did not fill out here broker and license information in the lease)
However there is another clause in the lease that says:
****G. Copyright: If an active REALTOR® member of Texas REALTORS® does not negotiate this lease as a party or for one of the parties, with or without assistance by an active member of the State Bar of Texas, this lease is voidable at will by Tenant. ****
I am confused what this means. Will my lease be void because the realtor I hired did not "negotiate" for me?
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- Real Estate Agent
- San Antonio TX / Fort Lauderdale, FL
- 19
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- 93
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My understanding is that this clause is there to protect the use of the Texas REALTORS® lease forms. If a Texas REALTOR® wasn't actually involved in negotiating the lease on behalf of one of the parties, the tenant may have the right to void it under that provision. Since your agent only drafted the lease and didn't represent either side, I'd be cautious about relying on that form. It would be worth asking the agent or a Texas real estate attorney whether this situation satisfies the requirement or if you should use a different lease form instead.
- Alyssa Marquez