 Dear George: My landlords want to put their house, where I live, on the market. They want to be able to show the house seven days a week, even when my 11-year-old daughter and her sitter are alone. I have four months left on my lease and am searching for a loophole to get out early. The lease agreement is a Texas Association of REALTORS® form with all references to TAR whited out, including item G: "Copyright: If an active REALTOR® member of the Texas Association of REALTORS® or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant."
Does the alteration of this contract keep me from voiding the contract? Or does the unauthorized use of this contract preclude the alterations to it?
Answer: The alterations don't affect the validity of the lease. However, the Texas Association of REALTORS® will have a cause of action against your landlord for using a copyrighted form without permission. The contract as written was agreed to by all parties and is enforceable. In the future, whether buying or leasing, hire a real estate agent to help you. They're an invaluable source of information.
Dear George: We are being transferred to Abilene in July and were told that Texas law requires a homebuyer to use a real estate agent. Is this true?
Answer: No, Texas law does not have any such provision. However, it's a good idea to secure the services of a competent, reputable Texas REALTOR® to help you. There are so many issues to deal when buying a house, especially in a new location, that you may not be aware of.
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Dear George: My relatives and I own a few acres that I want divided before I die. Is a partition lawsuit needed if we agree on how the property should be divided?
Answer: Your "before I die" statement would make a partition deed the best way to go. You can execute a partition deed wherein you convey their undivided interests to each other in fee title. The relatives only need to agree on the legal descriptions to be used.
Dear George: I have lived in my house for 25 years. My subdivision has deed restrictions that were never enforced. Until two years ago, there were only seven houses in the subdivision. Developers bought the remaining lots and established new deed restrictions with exceptions for our seven homes. Are we grandfathered in, and is there any way for me to opt out of deed restrictions? I did not sign anything or agree to any of the new restrictions.
Answer: There is a provision under the Texas Property Code for creating new deed restrictions while allowing existing lot owners to opt out. It sounds like this is what may have happened. In all likelihood, you are exempted from the provisions of the new deed restrictions, but remain subject to the old deed restrictions to which you were subject when you purchased your property. So it would appear that you were grandfathered out (not "in") of the new deed restrictions. However, you or your attorney should read a copy of the filed deed restrictions and compare them to the deed restrictions under which you purchased your property.
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