Since TREC doesn’t offer a residential lease or commercial contracts, can my brokerage’s in-house attorney draft those forms?

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Texas Real Estate Commission rules allow you to use a form drafted by a Texas lawyer—including a brokerage’s in-house counsel—for a particular kind of transaction when no mandatory TREC form exists as long as the form contains:

  • The name of the lawyer who prepared the form
  • The name of the broker for whom the form was prepared
  • The type of transaction for which the lawyer approved the use of the form
  • Any restrictions on the use of the form.

If the form is an addendum that changes the rights, obligations, or remedies of a party under a mandatory TREC contract or addendum, it must have these additional items:

  • A statement about how the addendum changes the rights, obligations, or remedies of a party, with a reference to the relevant paragraph number in the mandatory use form
  • A statement that the form is not a mandatory TREC form
  • A statement that TREC rules prohibit real estate license holders from giving legal advice.

Members of Texas REALTORS® have exclusive access to more than 130 forms for various types of real estate transactions not covered by mandatory TREC forms, including residential and commercial forms. See if there is a form already available for your transaction in the forms section of texasrealestate.com.

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