Broker-Lawyer Committee recommends adoption of lease forms and flood plain notice

Kandi Luensmann, Broker Member of the Texas Real Estate Broker-Lawyer Committee
Kandi Luensmann, Broker Member of the Texas Real Estate Broker-Lawyer Committee - Official Website
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The Broker-Lawyer Committee (BLC) met on October 10 to welcome new members, review public comments on recent proposals, and decide on the status of several contract form changes. The committee is made up of six attorneys appointed by the State Bar of Texas, six members appointed by the Texas Real Estate Commission (TREC), and one public member appointed by the Governor. Members typically serve six-year terms, except for the public member who serves a two-year term.

At the meeting, three new appointees were introduced: Kandi Luensmann as a broker member, Kristen Porter as an attorney member, and Kenneth Vall as an attorney member. Ron Walker, Co-Chair and Broker Member, was reappointed for another term.

The BLC recommended that TREC adopt updated temporary residential lease forms and a flood plain notice for use with leases at its upcoming November meeting. These forms were previously proposed at the August meeting. According to Senate Bill 2349, effective September 1, 2025, temporary residential leases and short-term leases are exempt from the requirement to provide landlords with flooding notices. In response to this change in law, TREC has updated the Landlord’s Floodplain and Flood Notice along with two temporary residential lease agreements: Buyer’s Temporary Residential Lease and Seller’s Temporary Residential Lease.

After considering public feedback and further discussion about potential contract changes, the committee decided to request that TREC withdraw other proposals made at the August meeting. These withdrawn proposals include updates to Paragraph 12 of certain forms, a disclosure on page 10, new requirements related to groundwater and surface water rights disclosures, as well as disclosures concerning conservation easements and windstorm or other insurance matters. The committee plans to revisit these topics at its next scheduled meeting in January 2026.

Meeting materials and recordings are available for download. The next BLC meeting is set for January 8 and January 9, 2026.



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