chapter 4 Flashcards
termination option
for nominal consideration, the receipt of which the seller acknowledges, and the buyers agreement to pay the option fee within the time required, the seller grants the buyer the unrestricted right to terminate this contract by giving notice of the termination to the seller within __ days after the effective date of this contract ( option period). notice under this paragraph must be given by 5:00 pm
time
time is of the essence for this paragraph and strict compliance with the time for performance is required
option
if a buyer chooses to terminate under the option, they will receive a refund of earnest money but will not receive a refund of the option fee
for a valid option to exist, the following are required
a . The applicable blanks in paragraphs 5.A. and 5.B. must be filled in
b. the option fee must be paid within three days after the effective date of the contract
c . The buyer must deliver the option fee to the escrow agent
commitment
the title company has 20 days from the date that they receive the contract to deliver a commitment to the buyer and the title company for title insurance
seller’s existing survey
t-47 affidavit
objections
buyer may object in writing to defects, exceptions , or encumbrances to title. Buyer may object to any matters that might prohibit a specific use or activity of the property , such installing dish, operating a business out of the home, or parking an RV within view of the street
Notice to prospective buyer-
his notice complies with the texas real estate license act’s provision requiring license holders to advise buyers to have an abstract examined or obtain title insurance
access, inspections and utilities
buyer may have the property inspected by inspectors selected by buyer and licensed by TREC or otherwise permitted by law to make inspections
lead based paint addendum
1978, the required lead-based paint addendum must accompany the contract
lender required repairs and treatment
if the cost of lender required repairs and treatment exceeds 5% of the sales price, buyer may terminate this contract and the earnest money will be refunded to buyer
environmental matters
is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used
broker or sales agent disclosure
texas law requires a real estate broker or sales agent who is a party to a transaction or acting on behalf of a spouse, parent, or child business entity in which the broker or sales agent owns more than 10%
disclosure at first contact
disclosure of representation
disclosure of agency (IABS)
give at first substantive