I see this happen more often than you might expect.
I send a real estate document to a client for review.
Thirty seconds later, it comes back signed.
And my immediate thought is:
Did you actually read that?
We have all become accustomed to signing things quickly.
We accept terms on an app.
We click a box on a website.
We approve an update without reading twenty pages of language.
A Texas real estate contract is not where I want my clients using that habit.
If you are buying or selling a home in Texas, some of the documents you sign can create contractual obligations, establish important dates, and affect what happens throughout the transaction.
You should take them seriously.
And there is something else I want every client to understand before we talk about contracts.
I am a licensed Texas Realtor. I am not a licensed attorney.
I am knowledgeable and experienced with the TREC forms I regularly use in Texas real estate transactions.
I can explain the real estate process, factual information, business terms, choices presented in the forms, and important dates within the scope of my license.
But I cannot provide legal advice.
I cannot advise you about the legal effect of a contract provision.
I cannot tell you what your legal rights or remedies are in a dispute.
And I cannot predict how a court would interpret a provision.
If your question requires legal interpretation or legal advice, I will recommend that you contact a licensed attorney.
That boundary matters.
What Is a TREC Promulgated Real Estate Contract?
The Texas Real Estate Commission adopts certain contract forms for use in Texas real estate transactions.
These forms are intended primarily for trained real estate brokers and sales agents, although TREC makes them publicly available. TREC also warns that errors in using a form can have financial or contractual consequences.
That is why I am familiar with the TREC contract forms we use regularly.
I work with them.
I understand how they fit into the real estate process.
I know where information is entered.
I understand the choices presented by the forms.
I pay attention to dates and deadlines.
And I know when a question deserves the involvement of another professional.
That knowledge is part of my real estate expertise.
It does not make me an attorney.
Can a Texas Realtor Explain a Real Estate Contract?
Yes, within the limits of the Realtor’s license.
There is an important distinction here.
As your Realtor, I can explain informational items, factual statements, business details, and alternative choices contained in appropriate forms.
I can help make sure you understand what information we need.
I can point out important dates that need our attention.
I can explain how particular forms are commonly used within the real estate transaction.
I can help you understand what happens next from a real estate-process standpoint.
TREC guidance specifically recognizes that license holders may explain the meaning of alternative choices, factual statements, and business details as long as they do not cross the line into legal advice.
What I cannot do is give you a legal opinion about the effect of the contract.
If your real estate contract questions become:
“What does this mean legally for me?”
Or:
“What legal rights do I have if this happens?”
Or:
“How would this provision be interpreted in a dispute?”
Those are questions for an attorney.
I do not want to blur that line.
Why Do I Want Clients to Read Before Signing?
Because your signature matters.
TREC contract forms themselves include a notice telling consumers to consult an attorney before signing and stating that real estate brokers and sales agents are prohibited from giving legal advice.
I take that seriously.
I do not want a buyer or seller signing something simply because I sent it.
I want you to review it.
I want you to ask questions.
And if one of those questions crosses into legal advice or interpretation, I want you to have the opportunity to speak with an attorney before you sign.
That is not slowing down the transaction unnecessarily.
That is recognizing the limits of my role and giving you the opportunity to involve the appropriate professional.
Are All Texas Real Estate Forms TREC Promulgated?
No.
This is another distinction worth understanding.
TREC promulgates certain contract forms and addenda used in Texas real estate transactions.
But not every agreement you encounter is a TREC-promulgated form.
For example, TREC confirms that it does not promulgate buyer representation agreements. Those are private contracts between a broker and a buyer.
TREC also does not promulgate listing agreements. Those are private contracts between a broker and a property owner.
TREC has additionally explained that it does not promulgate property-management contracts, most residential leases, or forms for commercial property.
That is another reason I do not want consumers assuming every document that comes from a Realtor is simply a government-issued standard form that does not require attention.
Read what you are signing.
Ask questions.
And contact an attorney when you need legal advice or interpretation.
What Can I Help With as Your Texas Realtor?
I can help you understand the real estate process surrounding the documents.
If we are preparing an offer, I can discuss the business terms you want included and use the appropriate real estate forms within the scope of my license.
I can explain the choices available in those forms.
I can help you keep track of important dates within the transaction.
I can explain the real estate steps happening around the contract.
I can communicate with the other parties and professionals involved in the transaction.
I can help identify when something falls outside my expertise and another professional should be brought into the conversation.
And because I work with these documents regularly, I can recognize when a question deserves more attention instead of simply pushing paperwork through for a signature.
Sometimes one of the most useful things I can say is:
“That is a question for an attorney.”
What If You Do Not Understand Something in the Contract?
Ask.
Please do not sign something simply because you are embarrassed to say you do not understand it.
Real estate contracts contain terminology most people do not use in everyday conversation.
You are not expected to become a Texas real estate contract expert before buying or selling a house.
Start by asking me your question.
If it is something I can appropriately explain within my role as your Realtor, I will.
If the question requires legal advice or an opinion about your rights or the legal effect of the contract, I will tell you that too.
Then you can contact a licensed attorney.
That is how I believe this should work.
What If You Want Different Language Added to a Contract?
This is another area where professional boundaries matter.
Texas real estate license holders have limits on drafting language that defines or affects the rights, obligations, or remedies of the parties.
TREC rules prohibit license holders from drafting language that affects those rights and remedies when doing so would constitute the unauthorized practice of law. TREC also states that when a necessary form is not available, an attorney may need to prepare the document.
I am not going to become your attorney because we need wording that is not appropriately handled through the forms and choices available to me as a Realtor.
When the situation requires legal drafting or legal advice, an attorney belongs in the conversation.
I would much rather tell a client:
“We need an attorney for this.”
than pretend that being experienced in real estate gives me a law license.
It does not.
What Happens After You Sign a Texas Real Estate Contract?
Once a contract is executed, the transaction moves into the next phase and important dates may begin to matter.
My role is to stay closely involved in the real estate process.
That can include coordinating with the lender, title company, inspectors, other real estate professionals, and the client as appropriate.
I help keep the transaction moving.
I help clients stay aware of important dates and next steps.
I communicate about what needs their attention.
If a legal question develops along the way, the same boundary still applies.
I can help identify what is happening from the real estate side.
I cannot provide legal advice about the client’s rights, remedies, or legal effect of the contract.
We involve an attorney when legal advice is needed.
What My Clients Say
Christine Raggi shared:
“Where do I even begin to let you know that Ashley Hart is your best choice for a realtor in the DFW area? My parents were looking to relocate to the DFW area and I knew Ashley would be the best fit for them because she is honest and dependable. Not only that, she truly cares about her clients and ensures that they have her full attention during the entire process. She is not only a fantastic realtor, but you will earn a friend for life. You can count on Ashley to always show up for you and do what’s best for your family. I hope when you choose a realtor for this area, you also choose Ashley and gain a friend for life.”
For me, good representation includes being clear about what I know and equally clear about where my expertise ends.
Should You Have an Attorney Review a Real Estate Contract Before Signing?
That is your decision.
But you should know that you can consult a licensed attorney if you have legal questions or want legal advice about a document before signing it.
TREC’s own contracts tell consumers to consult an attorney before signing and make clear that brokers and sales agents cannot provide legal advice.
And if you ask me a question that requires legal interpretation:
I am going to refer you to an attorney.
I am not going to guess.
I am not going to give you my personal interpretation and call it legal advice.
I am not going to tell you what your legal rights are.
My knowledge of TREC promulgated forms helps me represent you in the real estate transaction.
It also helps me recognize where my role stops.
I think both matter.
Before You Sign, Read and Ask Questions
I do not measure good service by how quickly I can get a signature.
I would rather have a client ask ten questions before signing than realize later that they signed without understanding what deserved their attention.
So if a document arrives in your inbox from me:
Read it.
Ask questions.
Take the contract seriously.
And when a question requires legal advice or interpretation, talk with a licensed attorney.
My job is to represent you in the real estate transaction. An attorney’s job is to provide legal advice.
Knowing the difference is part of responsible real estate representation.
If you are buying or selling a home in Texas and want a Realtor who understands the real estate process, knows the forms she works with, and respects the boundaries of her license, let’s talk.
Visit HART Realty Team or connect with me at @AshleyHartRealtor.
