| |
 Dear George: I don't have a real estate license; however, my friend is moving out of town and wants me to manage his condo and its tenant. Must I get licensed, or can I obtain power of attorney for my friend?
Answer: The key here is whether or not you receive, or anticipate receiving, anything of value in exchange for this task. The definition of a broker in the Texas Real Estate License Act (Section 1101.002, Definitions) is "a person who, in exchange for a commission or other valuable consideration or with the expectation of receiving a commission or other valuable consideration, performs for another person one of the following acts: ... ." The act lists 10 items, and it looks like you, the unlicensed person, would be performing several of those items.
Power of attorney is not intended as a means to circumvent a statute such as the Texas Real Estate License Act. If, however, you don't receive or expect to receive anything of value—anything at all—then you do not even have to use power of attorney, even though having one might make your job easier. Your friend should send a letter to the tenant explaining why you are acting on his behalf. Hire an attorney to draft the power of attorney and an agreement between you and your friend that sets forth obligations and responsibilities.
Dear George: We live in a subdivision. The neighbor behind our house built a nine-foot-tall storage building in his yard, which clearly violates the deed restrictions. We spoke to the developer, and he referred us to our city code enforcement officer. The city code enforcement officer referred us back to the developer. The neighbor claims he's within the guidelines of the deed restrictions and refuses to remove the building. What can we do?
Answer: Apparently, your developer has not turned the subdivision over to a homeowners association. If he had, you would notify your HOA, and they would take it from there. In your case, tell the developer everything about your conversations with each party and demand that he immediately notify this neighbor of the non-compliance with the deed restrictions. The longer you or the developer does nothing about this violation, the less likely a court will be inclined to enforce the remedies available under the law.
|
| Dear George: We bought a house three years ago that was advertised as "lakeview with waterfront access and a boat slip." There is a legal easement for us to have free, continuous and uninterrupted access by pedestrians and vehicles to the lake from the surveyed lot. The owner we bought the house from owned both our lot and the lakefront lot. His neighbors asked to lease the lakefront lot to install an aerobic system for their bad septic system. Our previous owner agreed, deeded the lot to them for $10 for the system, and retained all rights to access and use the waterfront and boat slip. We were aware of the easement when we bought the house, and have used the lakefront lot as the previous owner had.
The neighbor's house has changed hands, and the new neighbors want to terminate our rights. They state they were not told about the easement until closing, although they had a title commitment. We have tried to settle this amicably with them, but they have not budged. They want to expand their existing boat slip and take over ours. They sent a certified letter for us to move our boat or it will be confiscated. Our easement does not mention our boat slip. Does the boat slip have to be explicitly mentioned?
Answer: From what you've written, it doesn't appear that the new owners were granted an easement to provide access to the lake. The easement was granted to install a sewer system. They still have the right to use it in that manner, but the prior owner's consent to use the easement for another purpose is a license, not an easement. Texas has a recording statute that exists to protect real property interests. If it's not in writing and recorded, no one knows it exists. One cannot be careful enough when dealing with these kinds of issues.
Dear George: I had an all-cash contract on my house, and the buyers backed out after the option period expired. Since they aren't going to buy the house, what happens to the escrow money?
Answer: Your contract should state what happens. Assuming the contract is a Texas-promulgated form, then Paragraph 15, Default, details what happens.
|
|
