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Texas — Contracts — Texas Real Estate — State Law Practice Test

Texas — ContractsQuestion 1 of 30

36 questions in this topic · 30 drawn at random this round

Under §5.013, what must a Texas seller of UNIMPROVED real property disclose about conditions under the surface?

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This Texas Real Estate — State Law Texas — Contracts practice set has 36 practice questions based on the official exam materials, each with an instant explanation.

Sample questions

Three questions from the Texas — Contracts bank with the correct answer and an explanation. The practice quiz above draws 30 questions at random from the same bank.

  1. When a Texas license holder negotiates a standard residential resale, which contract form must the license holder generally use?

    • The TREC-promulgated One to Four Family Residential Contract (Resale) — Correct answer
    • Any contract form the license holder's brokerage prefers
    • A contract the license holder drafts for each client
    • A generic national real-estate purchase agreement

    Explanation: Under 22 TAC §537.11(a) a license holder must use only the contract forms approved for mandatory use by TREC for that type of transaction; TREC promulgates the One to Four Family Residential Contract (Resale) for standard residential resales. Promulgated form(颁布表格): a TREC-adopted standard form whose use is mandatory. TX source: TREC Rule 22 TAC §537.11(a); TRELA §1101.155.

    Handbook: Texas Contracts — Mandatory use of TREC promulgated forms (TREC Rule 22 TAC §537.11(a))

  2. What is the purpose of TREC requiring license holders to use promulgated contract forms?

    • To let non-attorney license holders complete transactions without the unauthorized practice of law and protect the public — Correct answer
    • To guarantee every sale closes at the listed price
    • To set the commission rate brokers must charge
    • To replace the need for a title company in a sale

    Explanation: TREC promulgated forms are drafted by attorneys (the Broker-Lawyer Committee) so non-attorney license holders can complete real-estate transactions without engaging in the unauthorized practice of law and so the public is protected by standardized, legally reviewed forms. Consumer protection(消费者保护): standard attorney-drafted forms shield the public. TX source: TRELA §1101.155; TREC Rule 22 TAC §537.11.

    Handbook: Texas Contracts — Purpose of promulgated forms (TRELA §1101.155)

  3. In a standard residential transaction, may a Texas license holder use a purchase contract drafted by the license holder's own brokerage instead of the TREC form?

    • No — the TREC form is mandatory for that transaction type — Correct answer
    • Yes, as long as the buyer signs it
    • Yes, if the brokerage form is shorter
    • Yes, but only on weekends

    Explanation: No. For transaction types TREC has promulgated a mandatory form, 22 TAC §537.11(a) requires the license holder to use that TREC form; substituting a broker-drafted form for a standard residential sale violates the rule. Mandatory form(强制表格): where TREC adopts one, no substitute is allowed. TX source: TREC Rule 22 TAC §537.11(a).

    Handbook: Texas Contracts — No substitute for a mandatory TREC form (TREC Rule 22 TAC §537.11(a))