Home | Attorney Profiles | Real Estate FAQ's |Contact Us |



Austin Texas Attorneys, Lawyers, Law Firms

Real Estate Law

Leases
Mortgage/Foreclosure
Titles
Sales Transaction
Broker Matters


Austin, Texas Real Estate Attorneys


Real Estate Information

Click here to locate a Real Estate Attorney/Lawyer in Austin Texas

Is a licensed attorney required to hold a real estate license to act as a broker?

No. A licensed attorney is exempt from the licensure requirements pursuant to Section 3( 1) of the Real Estate License Act. The licensed attorney can do everything a broker can do except sponsor salespersons or act as the designated officer for a corporation or designated manager for a limited liability company. [Rule 535.31]

Can an attorney get a broker license without first being licensed as a salesperson?
No. A licensed attorney will need to meet all the standard requirements, including education, examination and experience, for issuance of a real estate salesperson or broker license.

My wife and I signed an offer to buy a house over the weekend. Now we have changed our minds and don't want to buy the house after all. Can we get out of the deal?
If the seller has accepted your offer, you may have a binding contract. There is no three-day or 72 hour cooling off period for you to change your mind. You should consult with a private attorney for additional information.

Does a lease for a term of longer than one year and a contract for the sale of real estate need to be in writing to be enforceable?
Yes, that is basically true under the Statute of Frauds. However, this is a question that should be discussed further with your own attorney for proper understanding.

I listed my property for sale with a broker and the broker has done nothing about selling the house. Can I break my contract and list with someone else?
Your listing contract with the broker was intended to be a legal and binding contract. If the broker has not fulfilled the broker's part of the agreement, i. e., advertising, holding open houses, etc., then you may have grounds to terminate the contract but you would need to contact a private attorney for help in making that determination. You could also ask the broker to agree to cancel or release the listing. If the broker agrees, then the contract can be mutually rescinded.