Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, wills & estate planning, real estate law, landlord, tenant, mediation, and general business law needs.
Today we are going to discuss some widely held fallacies in the Texas residential sales contract and ancillary documents. Often, buyers and sellers look to their real estate agent to provide guidance on whether or not fill in a blank or check a box on in a contract. This dependence can get some people in trouble if they blindly follow their agent without reading the contract verbiage in its entirety first. Remember, there is a “duty to read” under Texas law and simply stating that you relied on another lay person’s advice or recommendation without understanding the document is NOT a legal defense in Texas. Yet, another crucial reason to hire an experienced real estate attorney to review all contracts and legally binding documents, when embarking on a real estate transaction.
Let’s talk about repairs in the residential sales contract. Buyers who don’t want to accept a property “as-is” can ask their agent to check Paragraph 7D(2) in the One to Four Family Residential Contract (Resale) and write in “repairs to be listed following inspections.” Do you think this statement is true or false? If you guessed false, then you are correct. Altering the contract terms by adding language in Paragraph 7D(2) that does not list specific repairs could result in the agent being charged with acting negligently or incompetently if a complaint were to be filed in connection with the transaction. Please
Please keep in mind that buyers should only choose Paragraph 7D(2) and direct their agent to add repairs if the buyers know of specific repairs that they want the seller to complete at the seller’s expense.
Moving on to the infamous Seller’s Disclosure document. You may be familiar with this notice form. It is a critical document when selling your home and requires sellers to be honest and forthright when disclosing the true condition of their property. We know the sellers play a vital role with regards to the Seller’s Disclosure, but what about buyers? Consider this next statement and determine whether it is true or false. Buyers are legally required to sign the disclosure document once they receive and review it? Are you shocked to learn this is false?
The sellers are required by law to fill out a Seller’s Disclosure, but buyers are not required to sign the disclosure. Even though the Texas REALTORS® Seller’s Disclosure Notice (TXR 1406) and the TREC Seller’s Disclosure Notice (TREC OP-H) provide places for a buyer to sign on the last page, a buyer does not have to sign or initial at all!
The lines for the buyer are there, however, because obtaining a buyer’s signature is one way for a seller and the seller’s agent to prove that the buyer received a copy of the Seller’s Disclosure. Consequently, for that reason, some brokerages make it an official policy for listing agents to attempt to get buyers’ signatures. Please keep in mind that a buyer’s signature merely attests to the buyer’s acknowledgment of receiving the disclosure, and nothing more.
As always, we are standing by as your allies in real estate law. We are proud to serve the Frisco, Plano, Allen, McKinney, Celina, Fairview areas and beyond.
I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”
As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!
Why swim alone in shark-infested waters when you don’t need to?