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Strike one?
Can I delete parts of the contract?
We received an offer on my client’s sale of a strip mall. The offer was made on the TAR commercial contract for improved property. My client wants
to strike out several of the listed items that he would be required to provide to the buyer for his consideration during his feasibility period. My client feels several of the items would either be too expensive to provide or would not be applicable to this transaction. I have always been told that agents could not strike out or delete parts of a promulgated or approved form. What should I do?
Texas Association of REALTORS® commercial contract forms do fall under the TREC rules regarding use of standard contract forms, since the association’s attorneys have approved these forms for use in this kind of transaction. TREC rules provide that when filling out promulgated or other forms permitted by TREC rules, “Licensees may only fill in the blanks provided and may not add to or strike matter from such form except that licensees shall add factual statements and business details desired by the principals and shall strike only such matter as is desired by the principals and as is necessary to conform the instrument to the intent of the parties.” Under these rules, you would be permitted to strike the matters mentioned at the direction
of your client and present your client’s proposal to the buyer. Doing
so is necessary for the contract to reflect the intention of your seller about the items of information he will provide to the buyer.
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