Module 2 Flashcards
License holders who perform activities outside of the scope of their license
Unauthorized practice of law
Standardized documents drafted by the Broker – Lawyer Committee and published by the Texas Real Estate Commission for mandatory use by license holders
TREC-promulgated forms
A properly completed form with a price less than, equal to, or more than the seller’s asking price and signed by the buyer
Offer
The party who makes an offer
Offeror
The party who receives an offer
Offeree
A rejection of an offer and the presentation of a new offer
Counteroffer
Meeting of the minds or mutual agreement – all parties concerned understand and agree to all the terms of the contract
Acceptance
Gives notice of acceptance of an offer, creating a contract
Communication
What can happen if there is proof that the license holder drew a deed, note, deed of trust, will, or other written instrument that transferred or affected the title to or an interest in land
TREC can suspend or revoke a license suspended
This provision in a lease gives the tenant the right to purchase the leased property by matching or bettering any offer before the property will be sold to someone else.
right of first refusal
An offer is assumed to have been delivered to the principal when
it is delivered to the agent
Under this concept, an offer is presumed to have been delivered to the principal when it is delivered to the agent
imputed notice
Options for response to an offer include:
Do nothing, Reject, Accept, Counteroffer
Acceptance of an offer occurs when
All parties have signed, and the acceptance has been communicated.
All offers must be
presented