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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
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Experience:  Experience in residential real estate and commercial leases.
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Concerns a Real Estate Professional: A seller of a house is

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Concerns a Real Estate Professional:
A seller of a house is a KW Real Estate Professional in Texas. What oath does she take as a realtor?
What is a Texas realtor bound to as to professional conduct/mis-conduct?
What rules govern a real Estate Professional?

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"§531.1 Fidelity A real estate broker or salesperson, while acting as an agent for another, is a fiduciary. Special obligations are imposed when such fiduciary relationships are created. They demand: (1) that the primary duty of the real estate agent is to represent the interests of the agent's client, and the agent's position, in this respect, should be clear to all parties concerned in a real estate transaction; that, however, the agent, in performing duties to the client, shall treat other parties to a transaction fairly; (2) that the real estate agent be faithful and observant to trust placed in the agent, and be scrupulous and meticulous in performing the agent's functions; and (3) that the real estate agent place no personal interest above that of the agent's client. §531.2 Integrity A real estate broker or salesperson has a special obligation to exercise integrity in the discharge of the license holder's responsibilities, including employment of prudence and caution so as to avoid misrepresentation, in any wise, by acts of commission or omission. §531.3 Competency It is the obligation of a real estate agent to be knowledgeable as a real estate brokerage practitioner. The agent should: (1) be informed on market conditions affecting the real estate business and pledged to continuing education in the intricacies involved in marketing real estate for others; (2) be informed on national, state, and local issues and developments in the real estate industry; and (3) exercise judgment and skill in the performance of the work. §531.18 Consumer Information (a) The Commission adopts by reference Consumer Protection Notice TREC No. CN 1-2. This document is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas###-##-#### (b) Each active real estate broker shall provide the notice adopted under subsection (a) by: (1) displaying it in a readily noticeable location in each place of business the broker maintains; and (2) providing a link to it labeled "Texas Real Estate Commission Consumer Protection Notice", in at least a 10 point font, in a readily noticeable place on the homepage of the business website of the broker and sponsored sales agents. §531.19 Discriminatory Practices (a) No real estate license holder shall inquire about, respond to or facilitate inquiries about, or make a disclosure of an owner, previous or current occupant, potential purchaser, lessor, or potential lessee of real property which indicates or is intended to indicate any preference, limitation, or discrimination based on the following: (1) race; (2) color; (3) religion; (4) sex; (5) national origin; (6) ancestry; (7) familial status; or (8) disability. (b) For the purpose of this section, disability includes AIDS, HIV-related illnesses, or HIV infection as defined by the Centers for Disease Control of the United States Public Health Service. §531.20 Information About Brokerage Services (a) The Commission adopts by reference Information About Brokerage Services Form, TREC No. IABS 1-0 (IABS Form). The IABS Form is published by and 2 available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas###-##-#### (b) Each active real estate broker and sales agent shall provide: (1) a link to the IABS Form labeled "Texas Real Estate Commission Information About Brokerage Services", in at least a 10 point font, in a readily noticeable place on the homepage of the business website of the broker and sales agent; and (2) the IABS Form as required under §1101.558, Texas Occupations Code. (c) For purposes of §1101.558, Texas Occupations Code, the IABS Form can be provided: (1) by personal delivery by the broker or sales agent; (2) by first class mail or overnight common carrier delivery service; (3) in the body of an email; or (4) as an attachment to an email, or a link within the body of an email, with a specific reference to the IABS Form in the body of the email. (d) Providing a link to the IABS Form in a footnote or signature block in an email does not satisfy the requirements of subsection (c). (e) License holders may reproduce the IABS Form published by the Commission, provided that the text of the IABS Form is copied verbatim and the spacing, borders and placement of text on the page must appear to be identical to that in the published version of the IABS Form, except that the Broker Contact Information section may be prefilled."


In addition the Realtors agree to abide by the National Association of Realtors code of ethics:

There is no oath but agree to be bound by the rules and laws by signature when they apply for a license.

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