 Dear George: I've been searching for a home for a couple of months, and I'm on my second REALTOR®. I ditched my first one because his follow-up skills left much to be desired. My current REALTOR® is an improvement, but he doesn't help me negotiate. I was ready to make an offer on a home and asked him if I should bid lower than the asking price. He said not to, because the sellers had added many upgrades to the place. So, like a fool, I went along with him. Now I'm regretting it. The house is very nice but I should've offered less. It's too late to change anything, because the seller accepted my offer and signed the contract. I do want the house but I'd hate to live with the fact that I could've gotten it at a lower price, if not for listening to my commission-greedy agent. Is there anything I can do?
Answer: Who forced you to sign the offer? It appears that you are experiencing buyer's remorse. You've conveniently laid the responsibility for your actions on your "commission-greedy" real estate agent. The question you should be asking yourself is: Was the house priced to the current market? If you had offered a lower price there is the possibility that you might have purchased it for less, or the seller could have rejected your offer and accepted someone else's. Enjoy what you've accomplished and move on without regrets.
Dear George: My wife and I purchased a second home, but the loan is in my name only. Is it possible for us under Texas law to remove her name from the title of the house by her signing a quit-claim deed to me?
Answer: Although the loan is in your name, your lender most likely had both you and your wife sign the deed of trust. That way, if your lender had to exercise his right to foreclose on the second home, he could do so. Also, your interest would still be community property. So, you can't remove her name without your lender's written approval. In fact, if you were to file a quit-claim deed, you could be violating the terms of your deed of trust and the note, which together create the mortgage. If you really want to pursue this, hire a lawyer.
| Dear George: I have an acre of land with a water well. I allow my neighbor to use the water from the well at no charge. The neighbor and I have had some problems. Can I cut off the water supply to my neighbor?
Answer: Yes, you can deny your neighbor the use of your well. The water is yours. Your neighbor may have been allowed by you to use it as a license (revocable) from your well, but he has no property rights on it.
Dear George: My brother is a REALTOR® in another state, and we are having a heated discussion on a real estate issue: A REALTOR® is showing a house to a family from out-of-state. The family likes the house, and schools are nearby for their four young children. The REALTOR® is aware that a registered sex offender lives next door. Must he disclose this fact to the buyers? My brother says no: "According to state law and code of conduct rules from the state real estate board, there is no requirement for the REALTOR® to disclose this information." I find that totally unacceptable. I believe it will expose the REALTOR® to a lawsuit if the family buys the home, only to find out the truth later. What does Texas law say about this?
Answer: We cannot comment about your question regarding the laws or rules to which your brother must comply, because you have not named the state, and license laws and rules may vary significantly from state to state. As for registered sex offenders in Texas or even sex offenders who may be unregistered but about which a real estate licensee has actual knowledge, that is a touchy subject. There is no actual license requirement to disclose sex offenders in Texas. However, time and time again when a buyer files a lawsuit and states that he never would have bought his house had he known the neighbor was a registered sex offender, the courts have found in favor of the buyer.
The Texas Association of REALTORS® Legal Article Book states: "What disclosures should be made by a broker who is aware that a paroled child sex offender is living next door to the subject property? Conventional wisdom says that when in doubt, disclose, disclose, disclose. One case from El Paso involved a claim by a buyer against a broker for failure to disclose that the home had previously been occupied by a person accused of molesting children in the home (but who was later acquitted). The day of closing, the buyer saw a television news report about the situation and refused to take possession. The buyer testified that the broker admitted during a telephone call of being aware of the situation, but failed to make the disclosure. The jury believed the buyer."
In Texas, if you represent a buyer in an agency relationship, disclose to your client (the buyer), all information of which you have knowledge and which may affect his decision. Otherwise, if someone asks you a general question about sexual offenders, let the person know that he can look it up online by entering "TX + sexual offenders" in a search engine.
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