1. 定金不是TREC合同的“对价”. 不动产合同采用书面形式的，为可执行合同, 显示出双方在所有条款和条件上的一致意见, 并由合同各方签署. 卖方承诺出售，买方承诺购买，就足以构成合同的对价. 违约:一方当事人未能履行合同条款所要求的义务, 包括买方未能及时交付定金, is a default by that party authorizing the other party to exercise any of the default remedies described in paragraph 15 of the TREC contracts. 2. The formal notification by a seller in writing to a buyer would be p粗鲁的nt in order to eliminate an argument by the buyer that by conduct or comment the seller might be waiving his right to insist on timely performance by the buyer of his obligation to deposit the earnest money.
关于上述保证金及解约问题的跟进:
I discovered that the TREC notice form for a buyer to terminate the contract under the Third Party Financing Condition is no longer available on ZipForm. 我应该用什么形式呢?
根据合同的任何规定，买方有权通知卖方合同终止的，在哪里, 你应该使用《买方终止合同通知》(TAR 1902). This form was designed to combine the notices of two prior TREC forms and to add a reference to several other paragraphs or addenda where the buyer can notify the seller that the contract is terminated. 本表格由TREC发布，强制使用日期为9月11日. 1, 2008.
在检查完我的一处房产后, 买方要求卖方修理检验报告上的几个项目. 卖方拒绝做任何修理. 在期权期内, I received a Release of Earnest Money form (TAR 1904) signed by the buyer and his agent showing the earnest money being returned to the buyer. 卖方或上市代理未收到买方终止合同通知表格(TAR 1902). Does the Release of Earnest Money form satisfy the buyer's notice of termination requirements under Paragraph 23 of the contract?
TREC合同第21条要求一方发给另一方的所有通知必须采用书面形式. TREC has promulgated the Notice of Buyer's Termination of Contract form for use when a licensee is helping a buyer provide the appropriate notice to the seller of the exercise of his termination option. 而买方可以使用任何形式的书面通知来终止合同, 买方代理人被要求协助买方发出适当通知时，应使用已公布的表格. 在表单的相应框中勾选后, the TREC Notice of Buyer's Termination of Contract form makes it clear that the buyer intends to and is giving the appropriate notice to the seller of his election to terminate the contract under the provisions of Paragraph 23. While one might believe that the buyer has made the decision to terminate the contract under his termination option by sending the seller or his agent a signed Release of Earnest Money form, showing the earnest money being released to the buyer and indicating a release of all rights or liabilities under the contract, a court might not agree that this writing satisfied the buyer's notice requirements under Paragraphs 21 and 23 of the contract. The preferred practice would be for a buyer's agent to have a buyer who intends to exercise his termination option under the provisions of Paragraph 23 use the TREC Notice of Buyer's Termination of Contract form and send the signed form to the seller at the address specified in Paragraph 21 or by facsimile as specified in that paragraph. The Release of Earnest Money form could be signed and included with the notice form to facilitate the execution of that form by the seller. Practice Note: This same procedure of sending both the TREC notice and the release of earnest money form to the seller can be used when the buyer is giving notice to the seller of the termination of the contract under any paragraph of the contract or any contract addendum.
有个挂牌协议的卖家想让我把她的房子从市场上拿下来. 我是否必须终止列表才能做到这一点? 我担心过几天卖家可能会找另一个经纪人.
在这种情况下，您可以使用 修订清单 (含1404). A provision in the amendment states that the seller is instructing the broker to cease marketing the property until further notice or until a specific date. 该条款规定，上市并未终止，并保持完全有效.
如果卖方正在考虑与其他经纪人签署一份清单, 卖方可能不会同意签署修改条款，这可能会导致进一步的讨论. 如果您确定希望终止上市协议，您可以使用 终止上市 (含1410). This form provides for early termination of a listing and determines whether the broker will receive compensation for early termination.
我的委托人有一份出售房子的合同, 尽管他的经纪人多次提出要求，但买家并没有交定金. 我的委托人认为买方违约了, 她想解除合同并收取定金. 有通知买方合同终止的表格吗?
No. Although TREC contracts have provisions permitting the parties to terminate the contract because of some circumstances or conditions, 目前只有两条规定允许一方单方面发出通知终止合同:
1. 当买方在期权期内行使其不受限制的终止权时
2. 当买方不能按规定获得融资批准时 第三方融资条件附录
If your seller wants to formally notify the buyer of her election to terminate the contract and receive the earnest money because of the buyer’s default, 她可以写一封这样的信，其中包括一份保证金释放令，让买家签字. 虽然这封信不会最终确定合同已经终止, 发送这封信仍然是一个好主意，因为它清楚地表明了卖方的立场，即它已被终止.
The 德州2021十大正规彩票app经纪人® used to have a form that terminated the contract as well as provided for the release of earnest money, 但现在我只能找到一份名为“保证金释放”(TAR 1904)的表格。. 我的卖方想确定合同已经终止了, 定金会退还给买家, 谁无法获得融资. 我们应该用什么形式呢?
TAR表格1904以前的标题是终止合同和释放保证金. 由于几个原因，表单的标题被更改了, but primarily to avoid confusion between this form and other forms that are actually notice forms executed by a buyer to notify the seller of the buyer's termination of the contract under a right contained in the contract. (Examples include the notice of termination under paragraph 23 or the third-party financing condition addendum of the TREC contracts or a notice of similar contractual termination rights that a buyer has under the TAR commercial contracts.)尽管表格的标题已更改, the Release of Earnest Money form does contain language whereby the buyer and the seller release each other from all liability under the contract referenced in the form. This language has the legal effect of terminating all of the rights the parties have under the contract and thus terminates the contract itself. 在你的例子中, 如果买卖双方都签署了书面形式的表格, 这样卖方就可以认为合同已经正式终止了.