Dear George: “I have a contract on my house that was to close last Tuesday. Due to reasons beyond my control, that did not happen. My title company did not have the mortgage payoff information ready. My house has been on the market since June 2001. I told my real estate agent that if my house did not close on or before the scheduled closing date, I would take it off the market. The buyer sent my agent an addendum to extend the closing date until Friday. I then told my agent that I was done with the whole mess. I did not sign the addendum. Now my agent tells me that the buyer will sue me since the buyer has 7 days. Is this true? Can I be sued over this?” – Incredulous

Dear Incredulous: Only an attorney can answer your questions regarding your legal rights and responsibilities under your contract. As a real estate broker licensed in your state, however, I can answer questions regarding the business details relating to your transaction. The “7 days” your agent has cited, are referenced in the paragraph of your contract dealing with the closing date. Specifically, the contract states that closing will occur on or before the date inserted, “…or within 7 days after matters disclosed in the Commitment or by the survey have been cured, whichever date is later…” The payoff amount of your loan would typically be a “matter disclosed in the Commitment.” If that is the situation, the contract states that the closing date can be extended up to 7 days from the inserted date. The addendum you mentioned in your email did not extend the closing date beyond the 7 days already provided by the contract. As a real estate broker I would not have asked you to sign such an addendum, based upon the facts you have presented.

Dear George: “Is there a Texas statute concerning condominiums? Florida has such a statute. The Florida statute stipulates the condominium board must adhere to as a governing power. I will need a phone number or an address to contact the appropriate Texas department so that I can obtain a copy. I will also need the official name and number of this publication if you have them available. I would be very grateful if you can direct me toward finding this information.” – Condo Owner

Dear Condo Owner: As I read the contents of your fax, it appears to me that you are doing some research in preparation for a potential dispute with a Condominium Owners Association. If that is the case, I urge you to contact an attorney for legal advice. Neither real estate brokers nor mortgage brokers may provide legal advice in Texas.

However, I can provide you with publicly accessible information that might assist in your search for documents and agencies to contact. Title 7 of the Texas Property Code deals with Condominiums. Chapter 81 of Title 7 deals with “Condominiums Created Before Adoption of the Uniform Condominium Act,” while Chapter 82 is the "Uniform Condominium Act" ( http://www.capitol.state.tx.us/statutes/pptoc.html is the Website address where you can find the contents of the Texas Property Code).

To obtain a copy, you might try the Legal Support Unit of the Texas Secretary of State's office ( http://www.sos.state.tx.us). That is the unit in the Statutory Documents Section that deals with "property rights" (among many other duties). The Legal Support Unit contact person by email is gjoyner@sos.state.tx.us. The Unit phone number is 512-475-0775, and their fax number is 512-475-2815.

Dear George: “I live in New York City. However, I own a home in Florida. Are there any companies or services that work on placing executives in private homes? I need assistance in renting out my Florida home. Any information you can provide would be very much appreciated. Thanks, and keep us new homeowners informed.” – Oranges to Apples

Dear Oranges to Apples: My first recommendation is that you contact a REALTOR® in Florida where your property is located. Many people don’t realize that REALTORS® also excel in rental housing. My next recommendation is that you try www.apartments.com. Click on “corporate housing” then select the city in which your property is located.

Published: April 12, 2002

Use of this article without permission is a violation of federal copyright laws.

George C. Stephens, CRB is the Broker of deRaat Stephens, Inc. dba ERA Stephens Properties and the Director of Compliance for eRealty, Inc. Stephens served as 1998 Chairman of the 13,000+ member Houston Association of REALTORS® and is the Vice Chairman of HAR’s wholly owned subsidiary, e-Har, Inc. He is the 2001 Secretary/Treasurer of the 50,000+ member Texas Association of REALTORS® and TAR’s 2002 Chairman-Elect. Stephens holds a Texas Real Estate Broker license as well as a Texas Mortgage Broker License.