Could a statement included in Special Provisions result in disciplinary action if it conflicts with a TREC addendum?

A statement included in Special Provisions that conflicts with a TREC (Texas Real Estate Commission) addendum could indeed lead to disciplinary action due to the potential for negligence or unauthorized practice of law. When real estate contracts are created, they must align with established regulations and legal standards to ensure clarity and protect the interests of all parties involved.

If a license holder adds a statement in the Special Provisions that contradicts a TREC addendum, it can create ambiguity in the agreement, making it difficult for parties to understand their rights and obligations. This not only introduces confusion but also exposes the license holder to claims of practicing law without authorization, especially if the added language could be interpreted as legal advice or interpretation. The TREC has established guidelines to keep real estate transactions consistent and to ensure that agents adhere to practices that are legally sound.

By aligning themselves with TREC's provisions and addendums, license holders maintain professional and legal integrity, thus minimizing the risk of potential disciplinary actions.