From the Legal Hotline: Which county goes in the listing agreement? – Texas REALTORS®-2021十大正规彩票app

April 01, 2021

We have had callers who ask what they should insert into the blank in the Texas REALTORS® listing agreements and buyer/tenant representation agreements regarding the county for payment of the compensation under the agreement. Should it be the county where the brokerage is located, the county where the title company is located, or the county where the property is located?

This item appears in Paragraph 5F of all the listing agreements (TXR 1101, 1102, 1201, 1301, 1302, 1303), Paragraph 11I of the Residential Buyer/Tenant Representation Agreement (TXR 1501), and Paragraph 11D of the Commercial Buyer/Tenant Representation Agreement (TXR 1502).

Though it is the broker’s decision which county to place in the blank on the applicable agreement (since the broker is a principal to the agreement), inserting the county where the brokerage is located is the choice most consistent with what happens in practice if a brokerage seeks disbursement of funds from a title company. The brokerage is ultimately where the funds will be received upon disbursement.

–Traci Jackson, staff attorney

Legal Disclaimer

Texas REALTORS® provides content through various online platforms, including this blog. By interacting with any of our blog posts, you agree to comply with the following terms and conditions:

a. You will not post any defamatory, discriminatory, libelous, threatening, vulgar, sexually explicit, abusive, profane, rude, or obscene content (including comments);
b. You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and
c. You will not post content or take any action on our blog posts that infringes someone else’s rights or otherwise violates the law.
d. You will not post any information intended to sell or advertise a business, product, or service.

Texas REALTORS®, in its sole discretion, reserves the right to remove any content you have uploaded, posted, or submitted onto any of our blog posts if we believe that it violates these terms or conditions.

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While Texas REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, Texas REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here. Any legal or other information found on this page or at other sites to which we link, should be verified before it is relied upon.