Real Estate Contract Clauses Examples In Texas
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"Contracts for Deed" - Contracts for deed, sometimes referred to as "rent to own" financing arrangements, are legal in Texas.
As public records, contract forms adopted by the Texas Real Estate Commission are available to any person. Real estate license holders are required to use these forms. However, TREC contract forms are intended for use primarily by licensed real estate brokers or sales agents who are trained in their correct use.
Failure by a Seller to record the Contract for Deed with the County Clerk in violation of Tex. Prop. Code § 5.076, gives rise to a penalty calculated under the same methodology as is used for violations of Section 5.079 (but capped at $500 for each calendar year of noncompliance).
All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.
Eg. Conditional upon Buyer getting Financing (mortgage approval) or Conditional upon Inspection of the property by a home Inspector. If there is a Condition on Financing & Inspection (for example) for 5 days, it means the Seller has agreed to accept the Buyer's offer and can't accept any other offers.
The Seller is selling this property in “As Is” condition. Buyer acknowledges and agrees that Buyer is accepting the Property “As Is” without any warranties, representations or guarantees, either expressed or implied, of any kind, nature or type whatsoever from or on behalf of the Seller.
“As Is” disclaimer example: Other than as provided in this agreement, Developer makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose.
Here's an example in real estate: "The seller is selling the property "as-is" condition, with any and all existing faults. The buyer accepts that they are purchasing the property in its current condition with no expressed or implied guarantees or warranties regarding the property's suitability or condition".
Example1: “The Buyer acknowledges that the property is being sold 'as is' with all faults and defects, whether known or unknown, presently existing or that may hereafter arise. The Seller makes no warranties or representations of any kind regarding the condition of the property.”