Special Provisions

🚨 TREC released the new contracts for voluntary use!!! 🚨

TREC has now posted the revised contract forms without redlines on its website for voluntary use until their effective date of July 1st, when they become mandatory.

👉 Access the new contracts here: https://www.trec.texas.gov/agency-information/contracts

The contracts may have changed, but one thing hasn't...

Reading the contract is still a surprisingly effective risk-management strategy. 😎

Also, it's more important than ever to seek quality education about the contracts, whether from us or one of the other other great education providers across Texas.

You can join us for one of our in-person or live contract classes taught by John George (Attorney and Co-Chair of the TREC Broker-Lawyer Committee) and Kiersten Crawford (Broker and member of the Texas REALTORS® Forms Task Force). 💯

We'll walk you through the changes, explain what they mean in the real world, and help you avoid the mistakes that happen when someone says, "I thought that's what the contract said." 🤦‍♂️📄

Zoom!

Contract Drama | June 17th 10:00 - 11:00 a.m. | Zoom | Kiersten Crawford Special Provisions delivers industry-leading education focused on current, actionable content that will help you lead today’s market with confidence.

Join us next week! We’ll be in Bryan, Texas, on Thursday, May 28th, for contracts classes!

Morning and afternoon classes available.

Call the Bryan/College Station Regional Association of Realtors Board Office at (979) 846-3751 to sign up!

John G. George Jr.
Kiersten-Kris Wright Crawford

🍿Plot twist in the FinCEN reporting rule saga...

On May 13th, the government officially appealed the trial court's decision to toss the reporting rule. So while the FinCEN reporting rule got knocked down in the trial court, this fight is definitely not heading quietly into the compliance sunset just yet. 🌅

The order vacating the rule has NOT yet been stayed pending appeal. That means the rule currently remains vacated, and compliance with the FinCEN reporting rule is not required at this time.

Of course, that could change later depending on what happens on appeal, so title companies, attorneys, brokers, and agents should keep paying attention. 👀🎢

We’ll keep watching the docket so you don’t have to. 👀

🐾 It’s time for another Instructor/Broker Powwow, and we’re jumping into the upcoming changes to the TREC and Texas REALTORS® contracts that are anticipated to be approved for use in June. 💯

Join John George (Co-Chair of the TREC Broker-Lawyer Committee) and Kiersten Crawford (Senior Instructor & Broker) on May 12th from 12:30–1:30 p.m. for a can’t-miss discussion on the substantial changes heading our way.

Translation: the forms are changing…and you’re going to want to be ready before your students and agents start asking questions you can’t dodge. 😅

No recordings. No fluff. Just practical insight, shared experiences, and a chance to talk it through with other instructors and brokers who are in the trenches with you.

📌 When: May 12th from 12:30–1:30 p.m.
🎦 Where: Live on Zoom
🤓 Who: Texas Real Estate Instructors and Brokers

👉 Register here (or scan the QR code in the graphic): https://www.specialprovisions.com/course/instructor-powwow-5-12-26

Bring your questions. Bring your perspective. And yes… bring your passion for teaching. 🔥

🙌🫶

Join John G. George Jr. and Kiersten-Kris Wright Crawford on Tuesday in Tyler, TX!

Contract Crimes | April 21st | 11:00 AM | In Person in Tyler | John George and Kiersten Crawford TREC mistakes so bad, they're (almost) criminal. Contract Crimes takes you on a deep dive into the dark underbelly of TREC contracts and addenda—the misunderstood clauses, the overlooked provisions, and the all-too-common blunders that can derail a deal. Through real-world examples and painfully r...

If reading what your fellow license holders, industry organizations, and other real estate pros are asking for in the proposed TREC contracts sounds like a good time… you’re our kind of people! 🤓

The materials for the April 10th meeting of the TREC Broker-Lawyer Committee are officially out.

👉 https://www.trec.texas.gov/apps/meetings/view.php?meeting_id=791

This is where you can see the changes being requested and debated between meetings, many of which often find their way into the contracts. The BLC will discuss these comments, along with much more, on April 10th.

And, like always, we’ll be at the meeting. 👀

“𝐖𝐞 𝐚𝐠𝐫𝐞𝐞𝐝 𝐭𝐨 𝐁𝐀𝐂 𝐨𝐯𝐞𝐫 𝐭𝐡𝐞 𝐩𝐡𝐨𝐧𝐞.”

That means nothing. Or does it…?

If it’s not in writing and signed, we often believe the agreement is not enforceable in many real estate situations.

However, there’s a big exception for broker-to-broker compensation agreements (such as cooperative compensation and referral agreements).

📌 𝐓𝐡𝐞 𝐑𝐮𝐥𝐞:
TRELA § 1101.806(c): Requires commission agreements for the purchase/sale of real estate to be in writing and signed.

📌 𝐓𝐡𝐞 𝐄𝐱𝐜𝐞𝐩𝐭𝐢𝐨𝐧:
TRELA § 1101.806(a)(1): "This section does not apply to an agreement to share compensation among license holders ..."

What you say and how you say it matters when discussing compensation with other agents. Make sure you develop your script in advance so you’re not caught flat-footed and inadvertently create a binding cooperative comp or referral agreement when it wasn’t intended.

We're hoping this concern will be minimized with the impending removal of Paragraph 5A from the TXR listing agreement and the trend towards negotiating brokerage fee contributions in Paragraph 12 of the TREC contract. Bottom line, it's important to be precise when negotiating.