Submitting offers, running a property owners association
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: I submitted an offer on a home to the listing agent. The agent said that I can't submit an offer on a property without using an agent or broker. Is this true?
Answer: That statement is not true. A listing agent can legally work with a potential buyer as a customer or as a client as long as the listing agent has delivered the Information About Brokerage Services form to you; the agent is required to give this form to you before you have any substantive communication. The form states that the listing agent represents the seller of the property and that you, as the buyer, need to be aware that the agent does not represent you. It may be in your best interest to have your own representation (a buyer's agent), but it is not required.
Dear George: Several of my neighbors and I agree that our property owners association is ineffective. We're going to take over the association in the coming months. Is there a seminar or class we can attend to learn how to improve our current situation?
Answer: The American Society of Association Executives may be able to assist you. Although running a property owners association doesn't quite match the ASAE's mission, that organization might help you prepare for representing your fellow owners. Another option is to hire an attorney who specializes in working with property owners associations. Paying such an attorney for 30 minutes of his time will get you advice specific to your situation and shouldn't cost too much.
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.
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.