My client wants to enter into a lease-purchase agreement with a prospective tenant. A former client’s attorney prepared a lease-purchase agreement similar to what my current client needs. Can I make changes to the agreement so it’s applicable to my client’s transaction?

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  • My client wants to enter into a lease-purchase agreement with a prospective tenant. A former client’s attorney prepared a lease-purchase agreement similar to what my current client needs. Can I make changes to the agreement so it’s applicable to my client’s transaction?

No. Under no circumstance should a real estate license holder attempt to prepare a lease-purchase agreement. Since there is no lease-purchase agreement form for license holders to use that complies with the Real Estate License Act requirements, an attorney must prepare the agreement.

Preparing your own document or changing a lease-purchase agreement prepared by an attorney for another transaction is a violation of the Real Estate License Act. Taking such action is the unauthorized practice of law. In addition, there’s a risk you could be sued by the parties if they have a disagreement over the lease-purchase agreement you prepared.

The requirements of the Texas Property Code provisions that apply to lease-purchase transactions are complicated, and your client shouldn’t enter into one without talking to a real estate attorney.

Source: TAR

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