Posted by Tim Jensen on May 25, 2000 at 21:30:10:
Tim,
Wouldn’t that be covered in the agreement itself?
Tim
EVICTION UPDATE part 2…important info…please read… - Posted by steph in tex
Posted by steph in tex on May 24, 2000 at 08:20:33:
I’l try to keep this one short, but here’s the latest:
I used Bronchick’s forms, that my atty had reviewed~
we made a few changes~ basically my atty said they were very good and very enforcable… I love Bronchick’s stuff~~
but my TBer’s atty doesn’t…
Here’s what my TBers atty came up with… (we call him loophole Leo~~ but he is good for a learning experience)
In Bronchick’s CYA Lease Option Disclosure form there is a portion that reads like this:
…________the undersigned tenant execute this disclosure form after being fully informed by ________ as to the legal and financial implications of the attached lease and option agreements…
OK~ did you guys catch that? Seems with that one sentence I am “practicing law without a license”…and in Texas, that is a big NO-NO…
So all you Texas guys take that out! My atty said he just missed it. gggrrrrr… i hate it when that happens…and we will now add a clause stating that if they don’t understand any portion of the forms they should not sign and consult an atty…or something to that effect…
my atty thinks we’ll get bumped from JP court and headed to district court…if it winds up that i have to foreclose that could take several months due to the time frames you have to stick to…
BUT~ I am requesting mediation, so hopefully I can get my butt out of Austin and to Hawaii!! It’s looking like that will happen, because my tenant doesn’t have the money to put up while this thing is being resolved… I’m sure looking forward to resolving this one and moving on to the next!
Hope this helps somebody. It’s wild how one little word in a sentence can have that effect… but hey~~ if that’s the best they can do… no problem… i can fix that! WOW~~ I didn’t even know I played an Atty on T.V…
that’s my latest 
steph in tex
Re: EVICTION UPDATE part 2…important info…please read… - Posted by Steve C., Remax-Houston
Posted by Steve C., Remax-Houston on May 26, 2000 at 09:57:18:
Steph,
The Texas Real Estate Commission provides a form, which you can get at office supply stores called Agreement for Mediation. It basically says the parties involved will go through mediation before they begin slinging lawsuits. It’s simple, but effective.
Question… - Posted by Tim Jensen
Posted by Tim Jensen on May 24, 2000 at 20:38:42:
Steph,
This may be a dumb question, but I will ask it anyways.
Why have your T/B sign any disclosure?
Beside the ones required by law, what is the point. I can see signing a disclosure with a seller where you are taking subject-to, but don’t see the reason you would when selling.
Tim
Re: EVICTION UPDATE part 2…important info…please read… - Posted by TRandle
Posted by TRandle on May 24, 2000 at 12:51:09:
Steph,
There’s also a questionable sentence in the second paragraph stating that everything has been explained thoroughly to the T/Ber. I modified that sentence as well…
Re: EVICTION UPDATE part 2… - Posted by JPiper
Posted by JPiper on May 24, 2000 at 10:10:08:
I haven’t seen this “disclosure form” by Bronchick, nor I have seen the INSTRUCTIONS he gave as to the filling out of this form. But my guess is that his intent was NOT that you fill YOUR name in as the person who did the “informing”.
Be that as it may, I’m not sure that a foreclosure is the remedy if it is found that you “practiced law without a license”. I guess we’ll see on that. The fact that the attorney “overlooked” this particular item though brings a few questions to my mind. Perhaps you need another attorney representing you, one who could also look at the issue of “malpractice”.
But in general, one of the things that has long concerned me personally, is that when all these “CYA documents”, “disclosure documents”, etc. are bandied about the newsgroup, one needs to wonder what exactly is in those documents, and whether it CHANGES the underlying essence of the contract. For example, a disclosure document appropriate for a SALE might NOT be appropriate for a lease with option. Depending on exactly how it reads, it may create the impression that a SALE is taking place…and therefore in the hands of a sharp attorney might be fodder for an equitable title claim.
One thing is certain. When the teeth gnashing starts, EVERY document, EVERYTHING in writing will be carefully inspected by the opposing attorney and presented to the court if it is to his advantage. That’s why contracts and legal advice are such a vital part of this business.
JPiper
Re: EVICTION UPDATE part 2…important info…please read… - Posted by David Alexander
Posted by David Alexander on May 24, 2000 at 09:05:46:
Thanks, for the Heads Up Steph! That kind of stuff makes a big difference.
David Alexander
Re: EVICTION UPDATE part 2…important info…please read… - Posted by TRandle AusTex
Posted by TRandle AusTex on May 26, 2000 at 20:55:55:
Steve,
Just an fyi that the Mediation form and many others are available for free at the TREC website. http://www.trec.state.tx.us/
Re: Question… - Posted by TRandle
Posted by TRandle on May 24, 2000 at 23:45:03:
Tim,
I like the disclosure. It essentially states very clearly that: the T/Bers know what they’re doing, it’s a Landlord-Tenant relationship, default on the lease invalidates the option, no refunds, etc. I think it’s a great CYA form.