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The information contained herein is subject to errors,
omissions, change of price, and other terms prior to sale or
withdrawal without notice. The
owners or IncomeProperties.com, Inc., make no warranties, either
expressed or implied as to the completeness or accuracy of any
information contained herein. IncomeProperties.com, Inc., is a licensed real estate broker,
and unless otherwise agreed upon in writing, is a representative of
the owners. IncomeProperties.com, Inc., hereby advises buyers that prior
to the closing of a real estate transaction to: (1) obtain an
environmental survey of the property and (2) have an abstract of title
covering the subject property examined by an attorney of buyer’s own
selection or be furnished with or obtain a policy of title insurance. IncomeProperties.com, Inc., is required by law to furnish all
potential parties to a real estate transaction the following
statement: Before working with a real estate broker, you should know
that the duties of a broker depend on whom the broker represents. If you are a prospective
seller or landlord (owner) or a prospective buyer or tenant (buyer),
you should know that the broker who lists the property for sale or
lease is the owner’s agent. A broker who acts as a subagent
represents the owner in cooperation with the listing broker. A broker who acts as a
buyer’s agent represents the buyer. A broker may act as an
intermediary between the parties if the parties consent in writing. A
broker can assist you in locating a property, preparing a contract or
lease, or obtaining financing without representing you. A broker is obligated by law
to treat you honestly. “IF THE BROKER REPRESENTS THE OWNER”: The broker becomes
the owner’s agent by entering into an agreement with the owner,
usually through a written listing agreement, or by agreeing to act as
a subagent by accepting an offer of a subagency from the listing
broker. A subagent may work in a different real estate office. A
listing broker or subagent can assist the buyer but does not represent
the buyer and must place the interests of the owner first. The buyer
should not tell the owner’s agent anything the buyer would not want
the owner to know because an owner’s agent must disclose to the
owner any material information known to the agent. “IF THE BROKER REPRESENTS THE BUYER”: The broker becomes
the buyer’s agent by entering into an agreement to represent the
buyer, usually through a written buyer representation agreement. A
buyer’s agent can assist the owner but does not represent the owner
and must place the interest of the buyer first. The owner should not tell the
buyer’s agent anything the owner would not want the buyer to know
because a buyer’s agent must disclose to the buyer any material
information known to the agent. “IF THE BROKER ACTS AS A INTERMEDIARY”: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker’s obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall
treat all parties honestly; (2) may
not disclose that the owner will accept a price less than the asking
price unless authorized in writing to do so by the owner; (3) may
not disclose that the buyer will pay a price greater than the price
submitted in a written offer unless authorized in writing to do so by
the buyer; and (4) may
not disclose any confidential information or any information that a
party specifically instructs the broker in writing not to disclose
unless authorized in writing to disclose the information or required
to do so by The Real Estate License Act or a court order or if the
information materially relates to the condition of the property. With
the parties’ consent, a broker acting as an intermediary between the
parties may appoint a person who is licensed under The Texas Real
Estate License Act and association with the broker to communicate with
and carry out instructions of one party and another person who is
licensed under that Act and associated with the broker to communicate
with and carry out instructions of the other party. “If you choose to have a broker represent you, you should
enter into a written agreement with the broker that clearly establishes
the broker’s obligation and your obligations. The agreement should
state how and by whom the broker will be paid. You have the right to
choose the type of representation, if any, you wish to receive. Your
payment of a fee to a broker does not necessarily establish that the
broker represents you. If you have any questions regarding the duties
and responsibilities of the broker, you should resolve those questions
before proceeding.”
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IncomeProperties.com, Inc.
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