27 Oct BrokerA, when showing property to a Hispanic couple, discriminates against the couple based on race.

 BrokerA, when showing property to a Hispanic couple, discriminates against the couple based on race. Which of the following does NOT address the issue of racial discrimination? O The Real Estate License Act (TRELA) O The Rules of the Real Estate Commission O The Code of Ethics O The Texas Statute of Frauds

BrokerA lists a property with the information that the house is 4,000 square feet in size. She obtained the information from the Tarrant Appraisal District (TAD). She obtained it in writing and gave a copy to the buyer, who was represented by a buyer’s broker. Her seller had listed the property two years before, with another broker, at which time the seller had the property appraised by a licensed appraiser. The previous listing expired without the property being sold. BrokerAwas given a copy of that previous appraisal by the seller, which showed the area to be 3,500 square feet. The buyer and his broker had no knowledge of the previous appraisal of 3,500 square feet. In order to more favorably compare the price per square foot with other comparable properties currently for sale, BrokerA took the seller’s list price and divided it by the TAD’s 4,000 square feet. As a result, her seller’s property appeared to be a much lower price per square foot than the comparable properties for sale. The purchaser and his broker submitted an offer of $275,000. Upon their offer being accepted and receipt of the signed contract from the seller, BrokerAthen presented the buyer with the two-year-old appraisal and said, “You might want to see this.” The buyer sued under DTPA and won damages. Further, the buyer filed a complaint against BrokerAto TREC. TREC revoked Broker A’s license for violations of TRELA. Which of the following actions should BrokerA have done to limit her liability both to TREC and under the DTPA? Q BrokerA should not have revealed the prior appraisal’s square footage calculation, as it was out of date and not reliable, as well as being her seller’s confidential information. Q BrokerA should not have indicated square footage anywhere in her MLS information, website, or literature and left the buyer or his broker to go to the TAD website and get the information for themselves. Q BrokerA should have submitted, in written form, citing the sources, both the TAD recorded 4,000 square feet information and the 3,500 square feet information to the buyer or buyer’s broker, allowing them to decide which information to take into consideration in their offer. 0 BrokerA should not have revealed the seller’s confidential appraisal from two years earlier. The TAD information was from an official source and was good enough to protect BrokerA from liability under DTPA or TREC Rules.

 A licensed broker represented a seller in a real estate transaction and charged the seller a 6% commission on the sales price of the home. After the successful conclusion of the sale, the seller refused to pay her listing broker the agreed commission. In order for the broker to sue for her commission, TRELA requires all of the following EXCEPT O the broker must prove that she was duly licensed at the time the brokerage services began. O the broker must prove that she is a “member in good standing" of the national, state, and local association of REALTORS®. Q the agreement for compensation be in writing and signed by the party against whom the action is brought or by a person authorized by that party to sign the document. Q at or before the time of signing the contract to purchase, the buyer was advised in writing to have an abstract of title examined by an attorney or to secure a policy of title insurance.

Texas Real Estate Regulations