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A licensee is purchasing property for himself. A TREC-promulgated contract is appropriate for this purchase, but the licensee decides to be creative and draft his own contract from what he has learned in his real estate classes. Which of the following is most likely to be TRUE?

a) The contract will be considered valid
b) The contract will be deemed void
c) The contract will be subject to legal scrutiny
d) The contract will be unenforceable

User Mikolaj
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Final answer:

A licensee drafting their own real estate contract instead of using a TREC-promulgated contract is likely to face legal scrutiny to ensure it meets all legal requirements. While the contract could be valid, deviations from standard practices elevate the risk of enforceability issues.

Step-by-step explanation:

If a licensee is purchasing property for himself and decides to draft his own contract, even though a Texas Real Estate Commission (TREC)-promulgated contract is appropriate, the answer to what is most likely to be true about the contract they draft would be (c) the contract will be subject to legal scrutiny. The contract may be valid as long as it includes all essential terms and complies with real estate laws. However, professional standards suggest that licensees should use TREC-promulgated contracts to avoid potential legal issues and ensure the contract adheres to standardized practices.

It's important to consider that drafting a contract without proper legal knowledge or deviation from standardized forms could result in creating a document with loopholes, omissions, or terms that are not enforceable, unclear, or even illegal. In this situation, legal scrutiny would ascertain if the contract abides by all necessary real estate regulations and contractual laws. If the contract fails to meet legal requirements, it may be deemed invalid or unenforceable.

User Bignose
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