my fiance and I are trying to buy our first home and I received buying information from my brother.
He suggested I add these clauses to each of my offers:
- A House Inspection must be performed by a licensed House inspector and the results of that House Inspection must be satisfactory to Michelle and Rod.
- Michelle and Rod must approve the interior & physical layout of the house.
- It is the Seller’s responsibility to provide documentation that termites or other wood-boring insects are not present. The Seller must pay for a separate Insect inspection.
- Michelle and Rod must see the interior of the house before paying Earnest money.
- Financing must meet the approval of Michelle and Rod.
I tried to make an offer today, and the real estate agent said I can’t put these in the offer, because it would be practicing law and it is not legal in Texas.
I didn’t understand
He replied that they are Weasel Clauses and they are not legal in Texas.
Is that correct?
I thought since this is my offer, I can add anything I want to the offer. I did not ask him to write it in, I tried to add the clauses myself.
I’m just trying to buy a house!
Does everyone just pay the $50-100 Termination Option?
Most of your clauses are already in the em contract. A few are just silly. Must see interior? Do not make an offer without seeing interior. Realto should add or let you add what ever you want to add. They are taught not to add stuff on your behalf because that would be practicing law to give you advice what to add but not to add ewhat you want. Try talking to his Broker if no good then try another Broker or call me and I will help you write an offer.
Happy Holidays and Thank you,
Ted P. Stokely Jr
11505 Sw Oaks
Austin, Texas 78737
First off, it sounds like you would be better off with some professional help in your purchase. You probably wouldn’t ask your brother, brother-in-law, etc. how to have your surgery done, so unless he’s a professional in real estate, I wouldn’t ask him how to buy a house. Sounds like you’re dealing with only the Seller’s agent and he/she represents the interests of the Seller, not you. Throughout most states, it is customary for a Seller to pay for the Buyer Agent Fees even though he/she represents only the Buyer. So, if there’s no cost to have professional representation, I’d move in that direction ASAP before submitting an offer. Like Stokely said, don’t purchase a house that you haven’t thoroughly viewed in person…that’s a huge mistake. Most agents will use only the contract forms promulgated by the Texas Real Estate Commission and those already have the provision for you to have an “Option Period.” This period gives you the unrestricted right to terminate for ANY reason, and you will typically pay $5 to $10 per day for this right. Have YOUR agent complete the contract form and submit in on your behalf. Also, generally speaking, during this option period you will have your inspections (home and pest) at your expense (unless negotiated differently) and then renegotiate price/terms prior to the termination of your option if you have wood destroying insects or serious repair items. Your agent should also include the “Financing Condition Addendum” if you’re going to have financing involved in the purchase. As far as “Weasel Clauses,” the other agent must not have done his/her homework. A Seller and Buyer can write an offer almost any way they agree too as long as the fundamentals of a contract are met. You might inform the Seller’s agent that as a “Principle” in the transaction, you’re allowed to write the contract yourself, if you so choose. Bottom line, don’t make the largest financial decision you’ll likely ever make without some professional assistance!
Please listen to the advice already posted. I can not impress upon you how important it is for you to have your own agent, if the property is listed and you are not dealing with the owner directly. It will not cost you anything, but it could help you a lot.
Agents are not allowed to use anything but a TREC contract or one prepared by an attorney. However, EVERYTHING you want is standard stuff, you’re just expressing it different that the agent is used to hearing.
Usaully the buyer pays for the insepection, as that way the inspector is working for him and not the seller. However, everything is open to negotiation, especially in this buyers market. My son and I were just saying last night that on our next purchase we will request a seperate “pest” inspection. (He had roof rats in his new house)
Good Luck !