TAR Legal Hotline: A Vital Resource for REALTORS®

What’s the TAR Legal Hotline?

The TAR Legal Hotline is a special benefit available only to current TAR members. This service is offered exclusively through the Texas REALTORS® Legal Support Team, who are accessible via telephone to answer questions and provide advice on interpreting the Texas Real Estate License Act, TAR forms, or general matters concerning the Texas real estate business.
The hotline concept grew out of concerns of the Texas Real Estate Commission and the Texas REALTORS® that licensee contact with TREC staff regarding questions on the License Act and Commission rules was increasing. In response, a small group of brokers from various parts of the state – headed by Chair Dusty Johnston – met on June 29, 1984 to discuss the need for a TAR-sponsored legal hotline. The group concluded that TAR should begin developing and implementing a legal hotline. A series of conference calls among the committee and TAR’s chief counsel followed and led to a decision that TAR staff attorneys were best suited to act as hotline staff. They already had the legal knowledge, they were familiar with the problems facing REALTORS®, and their positions did not expose the Association to the liability issues that outside lawyers might create. The issue of whether the service should be offered in conjunction with TAR’s insurance program or by itself was between the two committees until mid 1985. At that time legal hotline counsel , Erin Morales and Gerald Trevino, met with Allen Smith, head of TAR’s insurance program, to discuss their respective roles and determine the extent to which the legal hotline could develop requests for legal opinions on forms. Both parties recognized the need to ensure that an attorney was always immediately available by phone to answer these issues as they developed. TAR originally funded the hotline entirely with association funds, but in 1991 the Board of Directors decided to open the service to NAR members via Alliance and to anonymous callers, as long as the staff attorneys did not have to spend considerable time researching and composing a detailed opinion. All that was required for these calls was that the attorney provide an answer as quickly as possible. The Board’s hope was that this would provide an avenue for obtaining legal opinions on issues upon which the REALTOR® members would refuse to risk E&O exposure — or that may not present an E&O exposure but may present a liability more well-suited for the general liability. Since its origin, the Legal Hotline has been a staple in the lives of Texas REALTORS®.

Who is Eligible for TAR Legal Hotline Services?

It is available to Associate, Affiliate, Designated Attorney or Principal Broker members who have paid their annual dues to the Texas REALTORS® association at current and prior levels. When calling the hotline, members must provide their membership status to assure that the call is connected to the correct line. According to TAR staff, approximately 15 percent of call-ins are ineligible callers, who, when identified, are offered a discounted "phone-a-friend" service rather than the full legal hotline service.

Services Provided by the TAR Legal Hotline

The TAR Legal Hotline provides a transformational service to Tennessee REALTORS® – it allows all members to ask the legal questions that keep them up at night, and get a good answer. The TAR Legal Hotline is a service offered exclusively to members of the Tennessee REALTORS® association. It’s a telephone service you can call that offers real legal advice about things that concern you. If the legal hotline sees your question a lot, they will make that question and answer into a "Q & A" post on their blog, so stay tuned to the Legal It’s a Wrap! page.
Through the legal hotline, you may ask specific questions about contracts, ethics opinions, disclosure provisions, state laws, local ordinances and other practices related specifically to the real estate industry about which you need guidance (Tennessee REALTORS® only). The legal hotline staff will likely draw upon the expertise of TAR’s in-house legal team to respond to your inquiry. But, make note, they won’t be able to provide you specific legal advice regarding your specific situation. They might, however, direct you to a member of TAR’s legal team to later discuss the matter in further detail.
The hotline also offers participation in a live chat with legal counsel from 9-10 a.m. on Tuesdays and Thursdays. The attorneys will use this time to answer general legal questions. If you have a more specific legal question, they will work to answer it on the live chat, but they may refer you to call the hotline instead.

Ways to Reach the TAR Legal Hotline

Among the most common questions we get about the TAR Legal Hotline are "How do I contact the hotline?" and "How much does it cost?" To access the hotline you have to voluntarily become a member of TAR. In order to use the TAR Legal Hotline, the attorney on the call must be an official part of your firm and a member of the Texas real estate commission. If you don’t have an attorney in your firm, your brokerage firm can have a part-time staff member who is an attorney. It costs $100 to be a Texas REALTOR with TAR, and the legal hotline is just one of the 39 great benefits.
If you are a Texas REALTOR, you can call the TAR Legal Hotline at 512-480-8808 or toll-free at 800-873-9155. The hotline is staffed by licensed Texas attorneys from 8:30 a.m. to 4:30 p.m. Monday – Friday and will be able to help your office with questions regarding any Texas REALTORS Standard Forms. The attorneys cannot provide advice regarding contracts that were modified, amended, or customized; criminal matters or contracts. Remember, they are based in Austin so you won’t have to wait for your attorney to return from vacation.
The TAR Legal Hotline can also be reached via email at [email protected]. The licensing process of attorneys is such that you should be able to get a call back from the attorney immediately. The Licensed Office Line will be answered by an experienced attorney staff member who can answer some questions directly, but if you have a question regarding TREC forms or zoning the hotline is the best option. We have been told that the Quality Assurance attorneys will help you navigate the situation by answering questions via email and returning the call within a few hours. TAR has a chat option via their website which is generally available weekdays from 8 a.m. to 5 p.m. If none of these options are available, you can always follow-up by reaching out to your local association or commission-member for help.
Some things to note when calling the TAR Legal Hotline:

• The hotline is designed for routine calls. In the instance of a closing, TREC forms, or multiple closings you can always submit the file to [email protected].
• The hotline is also not intended to provide legal advice. The legal hotline is meant to give you guidance on the Standard Forms, and they cannot offer advice on non-standard forms.
• Always be polite to the attorneys as they are fellow Texas REALTORS just like you. The attorneys will do their best to answer all of your questions, but it may be necessary for you to move on to a different topic, or request a firm professional opinion.
• The hotline is not a substitute for a lawyer. The hotline is meant to advise Texas REALTORS on the issues involved with their contracts, but an attorney will be needed for subjective opinions.
• The TAR Legal Hotline attorneys can only assist brokers and agents employed by a current Texas REALTORS member.

Good luck and remember to ask questions! We are here to help.

Advantages of TAR Legal Hotline Usage

The TAR Legal Hotline is available to help REALTORS® with their legal needs. The Legal Hotline provides a cost-effective alternative to hiring an attorney by providing REALTORS® with telephone legal counsel in a convenient, easy-to-use service. The legal advisors possess extensive litigation experience and are familiar with the Commission and Anti-Trust laws that govern the real estate industry.
By calling the TAR Legal Hotline members can obtain legal advice concerning a wide range of common legal issues. Members may not pursue substantive legal work , or transactional-oriented inquiries, on the hotline, but may make unlimited calls about the same legal question. The legal advisor will take notes in the Hotline file concerning the matter of the call so you can refer to them in the future.
It is a great value for a busy REALTOR®: just $50 a year for active members ($25 per year for secondary members). For that, you receive unlimited phone advice.
Let the Legal Hotline work for you!

Typical Issues Handled by TAR Legal Hotline

The legal hotline has, over the years, addressed a myriad of topics that are on the minds of REALTORS® across the state. Some of these topics commonly include how to write legally acceptable contracts, how to help clients with their financing options, and how to structure real estate owned (REO) transactions. Examples range from simple questions about how to draft clauses in certain contracts to more nuanced inquiries about fair housing issues. Here are a few examples of the frequent scenarios where the TAR legal hotline offers help.
Lease Agreements – A standard term lease may be too long for a landlord’s purposes. Consulting the hotline, the REALTOR® finds there are three alternatives to leasing by the year:
• create a month-to-month rental agreement,
• enter into a short-term lease between two and twelve months; or
• execute a rental agreement for two weeks to thirty days.
Fair Housing – The REALTOR® isn’t sure if her seller has the right to restrict the sale of a home to a buyer with a good credit score. Consulting the hotline, she learns there are several reasons why this may not be permissible. For example, fair housing laws prohibit discrimination based on race, color, religion, sex, handicap, familial status or national origin.
Contingency Clauses – The buyer is interested in purchasing a home with the caveat that he needs a non-infected termite inspection before closing. Upon consulting the hotline, the REALTOR® learns how to handle the contingency clause and what precedes it.
Commercial Leases – A realty company needs to find a new location in the next six months. The REALTOR® knows the state’s commercial leasing laws usually require the landlord to maintain the property. However, the local commercial leasing laws override the state laws. Consulting the hotline, the REALTOR® learns what the state law requires.

Testimonials and Feedback

To offer assurance that the Legal & Ethics Hotline is here to help with your TAR contracts, we’ve pulled a few REALTORS® who have provided us with useful customer feedback before. These folks have had a positive experience utilizing the Legal & Ethics Hotline.
Brad S. from Lebanon, TN: The knowledge and experience of the person that helped me today was prompt and thorough. The person on the other end of the phone was very respectful and patient in answering my questions. I’ve called this line before, and I was pleased once again with the answers and suggestions I received.
Michael M. from Greeneville, TN: I just recently used the legal hotline regarding Association matters and once again, I thought it was an invaluable resource. I appreciate the experienced attorneys, as they allowed me to ask as many questions as necessary, and I was particularly impressed with their wealth of knowledge . When you’re confused, they take the time to ask the right questions to gain perspective on your situation from all angles. They also seem to understand that we routinely use the same terms for many things. But if we don’t all define these concepts the same way, that can cause confusion. Given their attention to detail, I would highly recommend this service to any Realtor.
Mary P. from Nashville, TN: I cannot stress how much I appreciate this service at TAR. I get emotional, frustrated, and mad when problems arise in my contracts, and since I am my own "support staff," I do not feel comfortable always explaining the problem to clients, owners, and agents alike. I think all Realtors should make the call because that one hour of time with a legal mind can save multiple hours of damage control, headache, and angry phone call to a legal assistant.