Is it legal, in Texas, for a person who is not a real estate agent or the owner to write a contract for the sale or lease of real property, building, home, etc. I am aware of a person who is neither owner or a licensed real estate agent who has prepared a lease agreement and the wording in the contract has caused the Leasee loss of money and many problems. There is one requirement to be fulfilled by the Lessor that hasn't been fulfilled. Unfortunately, there is not a time factor for this requirement to be completed but from other wording in the contract it could be considered a "contract by assumption". This is a matter that is curcial for a friend and I would GREATLY appreciate and answer as soon as possible. Thank you, jam2735@yahoo.com
2006-07-14 05:15:25 · 5 answers · asked by yougogirl 1 in Business & Finance ➔ Renting & Real Estate
you cannot practice real estate without a license!!! this means anyone who is an unlicensed individual who sells a home, no matter who it's for/to, for a commission. if you don't have your licnese, and act as an agent, then you can/will be fined by the Real Estate Commission & LLR. the penalties vary from state to state.
you wouldn't practice law or medicine without a license,... same thing with real estate!
2006-07-14 06:19:13 · answer #1 · answered by thetoothfairyiscreepy 4 · 0⤊ 1⤋
It all boils down to whether the person who did so received compensation to draw up the agreement and how they presented themself to the parties to the contract.
Take money for 'trying' to help = Practicing law without a license, agree bad juju! lol Take money to aid a real estate buy/sell = stepping on the laws that oversee realtors. Taking money to aid in a lease, can be or not depending on the state. Many states have different laws about the sale of real property and the leasing etc. of it.
Represent yourself as being a lawyer and you will have them all breathing down your neck! Not worth it at any price! LOL = FRAUD which is a criminal matter.
There are times in life when paying a professional to do what a professional does well is the only sane thing to consider. Whether that professional is a Lawyer, a Realtor, a plumber, electrician etc. Most professionals take pride in how they do their work.
2006-07-14 19:01:43 · answer #2 · answered by Title specialist 2 · 0⤊ 0⤋
What was the position of the third party that wrote the contract? Were they compensated to write the contract? If so they could be guilty of practicing law without a license. As for the agreement between the lesser and the lessee, if both parties agreed to the terms of the contract then it should be valid as written.
2006-07-14 05:26:36 · answer #3 · answered by jimmy dean 3 · 0⤊ 0⤋
Sounds like a layman practicing law. That is bad juju! Get an attorney!
2006-07-14 05:34:33 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋
no its not legal. you might want to find a lawyer and get some resolution to this before it gets out of hand
2006-07-14 05:45:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋