Texas disclosures
Cómo avisamos por escrito al vendedor y al comprador final.
DFW Deal Flow es un wholesaler de Texas. El Código de Bienes Raíces de Texas §§ 5.0161–5.0162 (SB 2212) y § 1101.002 (SB 1577) nos obliga a entregar dos avisos escritos a las partes antes de firmar cualquier contrato o assignment: uno al vendedor, otro al comprador final. Estos son los borradores que usamos.
PENDING LEGAL REVIEW — DRAFT
Not yet approved by Texas counsel
El lenguaje exacto de abajo todavía no ha sido finalizado con un abogado de bienes raíces de Texas. No envíes, firmes ni confíes en este texto en una transacción real hasta que un abogado de RE de Texas lo apruebe.
Disclosure al vendedor (SB 2212 + SB 1577)
receiver: seller of record
Cinco cláusulas obligatorias: identificación del assignor, monto exacto del assignment fee, relación contractual con el end buyer, derecho de cancelación del vendedor (SB 2212, verbatim), y declaración de "no commission" (SB 1577, verbatim).
EQUITABLE INTEREST DISCLOSURE — TO SELLER
Texas Property Code §§ 5.0161, 5.0162 (SB 2212) and § 1101.002 (SB 1577)
Date: [DISCLOSURE DATE]
Re: Your contract for the purchase of the property located at
[STREET], [CITY], Texas [ZIP]
(the "Property")
This disclosure is being delivered to you because the party identified below
(the "Assignor") is acquiring your contract — not the Property itself — and
intends to assign that contract to a third party for compensation. Please
read this disclosure carefully before signing anything further.
1. WHO IS THE ASSIGNOR (THE PARTY ASSIGNING YOUR CONTRACT)
Assignor Legal Name: [ASSIGNOR LEGAL NAME]
Assignor Entity Type: [ASSIGNOR ENTITY TYPE (LLC / corporation / individual)]
Principal / Authorized Agent: [PRINCIPAL OR AUTHORIZED AGENT NAME]
Assignor Business Address: [ASSIGNOR BUSINESS ADDRESS]
Assignor Email: [ASSIGNOR EMAIL]
Assignor Phone: [ASSIGNOR PHONE]
2. THE ASSIGNMENT FEE (EXACT DOLLAR AMOUNT BEING DISCLOSED)
The Assignor intends to assign your contract to a third-party end buyer for
an assignment fee of $10,000 (USD). This is the total compensation the
Assignor will receive in connection with this transaction over and above the
original contract price of $[CONTRACT PRICE, USD] for the Property.
Edit the bracket above to the exact dollar amount actually agreed before
sending this disclosure.
3. CONTRACTUAL RELATIONSHIP BETWEEN ASSIGNOR AND END BUYER
The Assignor currently holds an equitable interest in the Property under
that certain "Assignment of Contract and Equitable Interest" between the
Assignor and [END BUYER LEGAL NAME] (the "End Buyer"). The Assignor is
conveying that equitable interest to the End Buyer by assigning your
contract; this is NOT a conveyance of title to the Property, and the
Assignor is NOT acting as your real estate broker, agent, or salesperson.
4. YOUR RIGHT TO CANCEL BEFORE ASSIGNMENT (SB 2212 — VERBATIM)
"You may cancel this transaction at any time prior to an assignment of
your contract to a third party, without penalty or obligation."
This right of cancellation is granted to you by Texas law and cannot be
waived. If you wish to cancel, notify the Assignor in writing at the email
or street address listed in Section 1 above before the assignment closes.
5. NO REAL ESTATE BROKERAGE COMMISSION (SB 1577 — VERBATIM)
"No real estate brokerage commission is being earned in connection with
this transaction. Assignor is not a licensed Texas real estate broker or
salesperson, and is not acting in that capacity in this assignment."
The Assignor is not licensed by the Texas Real Estate Commission and is
not representing you in the sale of the Property.
ADDITIONAL FACTS (paste the shared deal facts here so this draft is self-contained)
Original contract price: $[CONTRACT PRICE, USD]
Target close date: [TARGET CLOSE DATE]
Property: [STREET], [CITY], Texas [ZIP]
ACKNOWLEDGED AND RECEIVED BY SELLER:
Name: ___________________________________
Signature: ___________________________________
Date: ___________________________________
Disclosure al comprador (SB 1577)
receiver: end buyer
Cinco cláusulas obligatorias: identificación del assignor, monto exacto del assignment fee, relación contractual con el end buyer (el comprador), referencia cruzada al derecho de cancelación del vendedor (SB 2212), y declaración de "no commission" (SB 1577, verbatim).
EQUITABLE INTEREST DISCLOSURE — TO BUYER
Texas Property Code §§ 5.0161, 5.0162 (SB 2212) and § 1101.002 (SB 1577)
Date: [DISCLOSURE DATE]
Re: Your purchase of the equitable interest in that certain contract for the
property located at [STREET], [CITY], Texas [ZIP]
(the "Property")
This disclosure is being delivered to you because you are counter-signing this
disclosure as the party acquiring an equitable interest in the above-referenced
purchase contract. Please read this disclosure carefully before signing.
1. WHO IS THE ASSIGNOR (THE PARTY COUNTER-SIGNING THIS DISCLOSURE)
Assignor Legal Name: [ASSIGNOR LEGAL NAME]
Assignor Entity Type: [ASSIGNOR ENTITY TYPE (LLC / corporation / individual)]
Principal / Authorized Agent: [PRINCIPAL OR AUTHORIZED AGENT NAME]
Assignor Business Address: [ASSIGNOR BUSINESS ADDRESS]
Assignor Email: [ASSIGNOR EMAIL]
Assignor Phone: [ASSIGNOR PHONE]
2. THE ASSIGNMENT FEE (EXACT DOLLAR AMOUNT BEING DISCLOSED)
The Assignor is assigning the underlying purchase contract to you for an
assignment fee of $10,000 (USD). This is the only compensation paid by you
to the Assignor in connection with this transaction; the original contract
price of $[CONTRACT PRICE, USD] for the Property passes through under the
terms of the underlying contract and is not paid to the Assignor.
Edit the bracket above to the exact dollar amount actually agreed before
sending this disclosure.
3. CONTRACTUAL RELATIONSHIP BETWEEN ASSIGNOR AND END BUYER (YOU)
The Assignor and [END BUYER LEGAL NAME] (you, the "End Buyer") have
entered into that certain "Assignment of Contract and Equitable Interest",
under which the Assignor holds the equitable interest in the Property by
virtue of an existing purchase contract and is conveying that equitable
interest to you. This is NOT a conveyance of title to the Property, and
the Assignor is NOT acting as your real estate broker, agent, or
salesperson in connection with this assignment.
4. SELLER'S RIGHT TO CANCEL BEFORE ASSIGNMENT (SB 2212)
The original seller of the Property retains an unconditional statutory right
to cancel the underlying contract at any time before the assignment to you
closes. The corresponding disclosure language has been delivered verbatim
to the seller in a separate disclosure (see seller's disclosure, Section 4).
You should not rely on the assignment closing until that cancellation right
has expired or been waived in writing in accordance with Texas law.
5. NO REAL ESTATE BROKERAGE COMMISSION (SB 1577 — VERBATIM)
"No real estate brokerage commission is being earned in connection with
this transaction. Assignor is not a licensed Texas real estate broker or
salesperson, and is not acting in that capacity in this assignment."
The Assignor is not licensed by the Texas Real Estate Commission and is
not representing you in the acquisition of the Property or the assignment.
ADDITIONAL FACTS (paste the shared deal facts here so this draft is self-contained)
Original contract price: $[CONTRACT PRICE, USD]
Target close date: [TARGET CLOSE DATE]
Property: [STREET], [CITY], Texas [ZIP]
ACKNOWLEDGED AND AGREED BY BUYER:
Name: ___________________________________
Signature: ___________________________________
Date: ___________________________________