Buyer representation, builder warranties

ask george & chuck

Buyer representation, builder warranties

 

Dear George: I've received a large inheritance and want to purchase real estate. How can I select a buyer's agent with confidence?

Answer: You are to be commended for seeking a licensed professional to assist you. Here are some steps to ensure you're well-represented:

  1. Select a Texas REALTOR®. Not all licensees are REALTORS®, who are governed by a strict Code of Ethics.
  2. Select a REALTOR® who has experience with the type of real estate you're interested in purchasing, and ask for evidence of that experience.
  3. Enter into a written buyer representation agreement wit the REALTOR®.
  4. Limit the market area, listed in Section 3 of the representation agreement.
  5. Limit the term, listed in Section 4 of the agreement, to a reasonable period of time given the acquisition you are planning to make
  6. Limit the transaction to one deal. Even if you plan to acquire more property, conduct one deal with the REALTOR® first and make sure you're satisfied.

Dear George: Is there a requirement for builders to guarantee foundation work for 10 years?

Answer: Yes. The 78th Texas Legislature created the Texas Residential Construction Commission. All builders must be registered with the commission and offer a 10-year foundation warranty. This requirement began on or about the effective date of the legislation, Sept. 1, 2003. For more information, check out the Warranties and Performance Standards of the Texas Residential Construction Commission (PDF).

  E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.  

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George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.

Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.

George and Chuck are co-authors of Texas Real Estate Brokerage and Law of Agency published by Thomson Publishing.