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6/8/2014
You Can't Trust Realtors In Texas


 TEXAS REALTORS CAN'T BE TRUSTED

TEXAS REALTORS ARE NOW SELLING EVERY HOUSE IN TEXAS "AS IS"

 

The new One to Four Family Residential Contract - the standard contract used by virtually every realtor in Texas - contains the death of your legal rights.  

Previously, this standard contract often referred to as the Earnest Money Contract, sold used homes to Texans with the language that the buyer accepts the property in its present condition.  The idea was that the buyer was not asking for any rebuild, remodel or other major change to the structure or property.  Texas courts have struggled with this language and found it to be equivalent to the "AS IS" language in UCC contracts and the like. Not satisfied with the leverage over consumers that has already been exercised, the lawyer broker committee revised the contract to include the actual language "AS IS".  

WHAT DOES THIS NEW TREC CONTRACT MEAN TO YOU?

IF THE PEOPLE AT TREC AND TEXAS REALTORS AND BROKERS HAVE THEIR WAY, IT MEANS YOU CAN'T COMPLAIN ABOUT ANY PROBLEMS FOUND IN THE HOUSE AFTER YOU PURCHASE IT UNLESS THE SELLER KNOWINGLY AND INTENTIONALLY DEFRAUDED YOU ABOUT THOSE PROBLEMS.  

HOW DOES THE NEW TREC CONTRACT CHANGE THINGS? 

NOW, IF YOU SUE A SELLER OR A REALTOR, THEY WILL IMMEDIATELY POINT TO THE "AS IS" CLAUSE AND CLAIM YOU HAVE NEGATED YOUR RELIANCE ON THEIR REPRESENTATIONS ABOUT THE HOUSE.  THINK OF IT AS A "GET OUT OF JAIL FREE" CARD FOR ALL TEXAS REALTORS AND HOME SELLERS AFTER JUNE 1, 2014.   THEY CAN NOW MAKE FALSE STATEMENTS ON THE SELLERS' DISCLOSURE NOTICE AND CLAIM KING'S X AGAINST THE BUYER USING THE "AS IS" LANGUAGE.  

 

WHAT CAN A TEXAS HOME BUYER DO TO AVOID THE "AS IS" LIMITATION?

STRIKE IT OUT.  JUST DRAW A LINE THROUGH IT AND TELL YOUR REALTOR YOU ARE NOT BUYING THE HOUSE "AS IS".  IF THEY WANT TO SELL THE HOUSE, AND THEY WILL, THEY WILL LET IT GO.  IF THEY THINK THEY HAVE ANOTHER BUYER LINED UP AND THEY INSIST ON KEEPING THE "AS IS" CLAUSE, THEN YOU ARE BETTER OFF ANYWAY BECAUSE OTHERWISE, YOU ARE GOING TO BUY A HOUSE AND GIVE UP ALL OF YOUR RIGHTS TO COMPLAIN ABOUT PROBLEMS THAT WERE NOT DISCLOSED.  

I WILL PROVIDE YOU WITH A CONTRACT YOU CAN USE THAT DOES NOT CONTAIN THE "AS IS" LANGUAGE FOR $250.  GO TO ANY REAL ESTATE ATTORNEY AND TELL THEM YOU WANT TO WRITE THE CONTRACT WITHOUT THIS DRACONIAN DESTRUCTION OF CONSUMER RIGHTS. 

 

WHAT IF I BOUGHT THE HOUSE ALREADY USING THIS CONTRACT?

YOU CAN STILL MAKE YOUR CLAIMS BUT IT WILL REQUIRE CERTAIN FACTS TO EXIST SO THAT YOU CAN PROCEED.  CHANCES ARE YOU WILL BE ABLE TO PROCEED BUT YOU HAVE TO FLESH OUT CERTAIN FACTS.  IF YOU ARE IN THAT POSITION, CALL ME.  512/261-0044.

 

 





Previous Entry
YOU JUST BOUGHT YOUR HOUSE AS IS

6/7/2014
THE TEXAS REAL ESTATE COMMISSION JUST CHANGED THE RESIDENTIAL CONTRACT TO INCLUDE "AS IS" LANGUAGE THAT DESTROYS YOUR RIGHTS AFTER PURCHASE
   
Next Entry
THE SHORT HISTORY OF HOW TEXAS CONSUMER RIGHTS WERE DESTROYED BY BUILDERS AND REALTORS

6/10/2014
A brief history of how Texas home buyers have lost enormous rights that exist in every other state.
All entries
7/18/2017 - Vortens Toilets
6/25/2017 - Realtor Trying to Intervene in Lawsuit
6/24/2017 - Plumbing Problems in Older Homes
6/23/2017 - Here is the One to Four Family Residential Contract (Resale)
6/22/2017 - Sales Pressure When Buying a House
6/21/2017 - How Does An Option Period Work?
6/20/2017 - What If I Find House Defects When I am Buying a House?
6/19/2017 - How Much For Home Inspections?
5/20/2017 - Texas Realtors Not Required to Have Insurance
4/26/2017 - Strike Out Paragraph 7d of the One to Four Family Residential Contract for Sale (Resale) TREC Form 20-13
4/25/2017 - "AS IS" Again, and Again
4/24/2017 - "AS IS" AGAIN
4/19/2017 - DTPA & REAL ESTATE V
4/18/2017 - DTPA and Real Estate IV
4/17/2017 - Is a Home Inspection Required?
4/16/2017 - DTPA in Real Estate III
4/15/2017 - DTPA in Real Estate II
4/14/2017 - DTPA in Real Estate I
4/12/2017 - Options in Earnest Money Contracts
4/11/2017 - What You Know Before You Buy
4/10/2017 - Find Out What You Can Buy First
4/9/2017 - Flooding and Drainage
1/15/2017 - J. Alexander Properties Tries To Evict Tenant Over A Cat
12/27/2016 - Termite Damage Continues
12/12/2016 - Look for a Local Attorney
8/20/2016 - DTPA Primer Review
8/19/2016 - Ask To Talk To the Seller Directly
8/18/2016 - My Reponse to Home Inspectors
8/17/2016 - A Home Inspection Is a Feel Good Moment To Encourage You To Buy A House
8/16/2016 - Home Inspectors Respond
1/8/2016 - Home Inspection Hype
12/28/2015 - Flood Damage Disclosed
12/19/2015 - Trusting Your Realtor
12/17/2015 - Who Does the Buyer's Agent Work For?
12/15/2015 - Your Buyer's Agent Is Cheating On You!
9/29/2015 - Is TAR 1407 A Required Form?
9/9/2015 - Monster Termites!
9/8/2015 - Biting Termites
8/17/2015 - Should I Disclose This?
8/15/2015 - Termite Swarmers
8/14/2015 - HOA Blues
5/16/2015 - Ashley Ellerin: A Long Tradition of Excellence
5/4/2015 - Evin G. Dugas
3/13/2015 - What You Don't Know About Septics Can Cost You Big
1/19/2015 - Good Fences Make Good Neighbors
1/17/2015 - Building Envelopes
1/15/2015 - What Is a Warranty Claim?
1/13/2015 - What Can You Do If Your Builder Has Gone Out of Business?
1/11/2015 - Small Claims Court Primer
1/9/2015 - Elements of a Case
1/7/2015 - Texas Association of Realtors "TAR" Opposes Price Disclosure
1/5/2015 - Heh Texas Homebuyer, You Just Bought that House "AS IS"
12/26/2014 - Texas Is the Anti Consumer State
11/28/2014 - Midland Reporter Telegram
11/24/2014 - Unpermitted Repairs
10/4/2014 - A Home Inspection Controversy
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9/25/2014 - Confirm Repairs Made By Sellers
9/23/2014 - Ten Tips for Selling Your House
9/21/2014 - Home Seller Tips
9/19/2014 - Flood Damage But No Flood Insurance
9/17/2014 - Flooding Damage
9/15/2014 - Kitec Connectors
9/13/2014 - Stucco Damage In New Homes
9/11/2014 - "AS IS" IS NOT ABSOLUTE
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9/1/2014 - Document What Your Builder Says in Writing
8/30/2014 - IPEX PRODUCT RECALL AUGUST 2, 2005
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8/26/2014 - Kitec Plumbing Connections-IPEX
7/11/2014 - Top Ten Most Litigated House Defects-No. 4: Window Leaks
6/14/2014 - What Can You Do After You Bought Your House in Texas "AS IS"
6/11/2014 - What Can Texas Home Buyers Do About the New "AS IS" Clause in the Earnest Money Contract?
6/10/2014 - THE SHORT HISTORY OF HOW TEXAS CONSUMER RIGHTS WERE DESTROYED BY BUILDERS AND REALTORS
6/8/2014 - Texas Home Buyers Beware: Texas Is the Anti Consumer State
6/8/2014 - You Can't Trust Realtors In Texas
6/7/2014 - YOU JUST BOUGHT YOUR HOUSE AS IS
6/6/2014 - TEXAS IS THE MOST ANTI-CONSUMER RIGHTS STATE
5/20/2014 - How To Prepare For A Deposition
4/13/2014 - Real Estate Fraud Heats Up In Active Markets
4/12/2014 - Texas Deceptive Trade Practices Act
4/4/2014 - Top Ten Most Commonly Litigated House Defects
4/3/2014 - Top Ten Most Commonly Litigated House Defects: Number Two - Foundations
4/2/2014 - Top Ten Most Commonly Litigated House Defects: Number One - Termite Damage
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2/24/2014 - Roof Damage Claims
1/24/2014 - Engineering Fees Under the RCLA
1/23/2014 - Do I Have Statutory Warranties if the TRCC has been abolished?
1/15/2014 - What if I Already Know About Construction Defects Before My Home is Finished?
1/14/2014 - What is the Difference Between a Formosan Termite and a Native Termite?
1/13/2014 - What is the Termite's Natural Enemy in Texas?
1/12/2014 - What Kind of Damage Do Termites Do?
1/11/2014 - Termite Damage Means Negligent Treatment
1/10/2014 - What if I Don't Want To Buy the House Anymore?
1/9/2014 - What If I Don't Want To Buy the House Anymore?
12/13/2013 - Non Disclosure Is Alive and Well In Texas
11/12/2013 - Is Your Flood Damage Caused by Someone Else?
11/11/2013 - Flood Victim? Is it Mother Nature or Man that Caused it?
10/7/2013 - Top Ten Collectable Case Issues: Number Five
10/5/2013 - Top Ten Collectable Case Issues: Number Five
10/3/2013 - Top Ten Case Collectablility Issues: Number 4
10/1/2013 - Top Ten Case Evaluations for Collectability: Number 3
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9/26/2013 - Three(3) Parts of a Good Case
9/24/2013 - Top Ten Questions To Ask Before You Take a Case
9/17/2013 - MLS Listings & Flyers Eliminate AS IS
9/16/2013 - No AS IS with Sellers Disclosure Notice
9/15/2013 - Keep a Log of All Insurance Company Contact
9/14/2013 - Big Storms Mean Insurance Claims
9/13/2013 - Bad Drainage
9/12/2013 - DRAINAGE PROBLEMS IN SUBDIVISIONS
9/12/2013 - Dick Hargis Was One of a Kind
9/11/2013 - How Much Detail In a DTPA Notice Letter?
9/1/2013 - Personal Injury Claims: What To Do Next
8/21/2013 - The Lawyers' Bluff
7/19/2013 - Who Is At Fault for My "Stucco Damage"?
7/17/2013 - WHY CAN'T THEY FIND THE STUCCO DAMAGE?
7/15/2013 - The Sleeping Juror
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7/11/2013 - WHAT IS STUCCO DAMAGE?
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6/22/2013 - Stucco Problems
6/21/2013 - Home Owner Association versus the Developer
6/20/2013 - Tell Tale Signs of Fraud in a New Home Purchase
6/19/2013 - Real Estate Fraud Revisited
6/18/2013 - Home Buyer Finds Evidence of Fraud Three (3) Hours After Closing
6/11/2013 - Subpoenaing a Witness
6/10/2013 - Termite Swarmers Mean Damage In Your Home
6/9/2013 - When Buying a House, Talk to the Neighbors
6/8/2013 - Do I Disclose This?
6/7/2013 - Trial Objections
6/6/2013 - Trying Cases in the Old Days... the 1990s
6/5/2013 - Attorney Beats Pillow With Baseball Bat
6/4/2013 - And Now You Will Hear From the Plaintiff Elizabeth Boquer...
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6/2/2013 - Plaintiff Arrested While Testifying on the Stand
6/1/2013 - Small Claims Court
5/24/2013 - HOA Refuses To Repair Common Areas
5/23/2013 - Homeowner Association Blues
5/22/2013 - Underinsured Homes in West, Texas and Everywhere Else
5/17/2013 - Termites and Termite Damage
5/15/2013 - West Fertilizer House Claims
5/11/2013 - My Sewer Line is Clogged, Can I Go Against My Builder if it is out of Warranty?
4/29/2013 - What is a Weep Screed & Why Do I Need It?
4/28/2013 - West Explosion Legal Help
4/28/2013 - Stucco Water Damage Problems
4/27/2013 - West Fertilizer Explosion Legal Help
4/26/2013 - West Fertilizer Explosion Legal Help
4/25/2013 - West Fertilizer Plant Explosion
3/30/2013 - Commercial Real Estate in Texas
3/28/2013 - Commercial Real Estate in Texas
3/26/2013 - Austin Real Estate Attorney
3/24/2013 - Austin Real Estate Lawyer
3/22/2013 - Why Do Real Estate Agents Lie?
3/20/2013 - Condo Ownership and HOA Power Condo Ownership and HOA Power Condo Ownership and HOA Power
2/14/2013 - Who Is a DTPA Consumer?
2/13/2013 - DTPA Responses for Defendants
2/12/2013 - HOA Management Fees
2/11/2013 - DTPA Notice Letter Response: Basics
2/8/2013 - Keller Williams Prefers to Settle Their Cases
2/7/2013 - HOA Fees Going Up
2/6/2013 - Texas DTPA Defense Attorney
2/5/2013 - Texas DTPA Defense Attorney
2/4/2013 - TREC Inspectors Committee Meeting
1/30/2013 - Does My Builder Have Insurance?
10/20/2012 - What Happens After a DTPA Inspection?
10/18/2012 - Who Can Go To A DTPA Inspection?
10/16/2012 - What Happens at a DTPA Inspection?
9/22/2012 - How Long Does A DTPA Inspection Last?
9/20/2012 - Texas DTPA Inspection
9/18/2012 - Texas Agriculture Commissioner Todd Staples Abandoned Consumers
7/28/2012 - Talk to Your Surveyor Before Closing
7/26/2012 - Flood Claims
7/24/2012 - When to Expect Problems With a Septic System
7/22/2012 - What Do I Do About a Septic System If I Am Buying?
7/20/2012 - Can I Stop Paying My HOA Dues?
7/18/2012 - Can I Stop My Neighbor From Building?
7/16/2012 - What If the HOA Will Not Make Repairs It Is Supposed To Make?
7/14/2012 - Homeowner Association Dues
7/12/2012 - Can an HOA Enforce Their Rules?
7/10/2012 - Septic Inspections
7/8/2012 - Call Jeff Tucker About Termite in Houston, Texas or Anywhere
5/31/2012 - What do Blanks on the Sellers' Disclosure Form Mean?
5/29/2012 - Can a Realtor Commit Real Estate Fraud?
5/27/2012 - What is Real Estate Fraud?
5/25/2012 - Is It True That I Don't Have to Disclose Repairs My Builder Made?
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5/19/2012 - What Standards Does a Home Inspector Use for the Roof?
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5/14/2012 - What standards does the "home" inspector use for foundations?
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5/7/2012 - Can I Read a Title Commitment Without a Survey? NO! NO! NO!
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5/3/2012 - What Do I Look For In a Title Commitment?
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3/7/2012 - Final Walk Through Before Closing
3/3/2012 - Hourly versus Contingent Fee Attorneys
3/2/2012 - Does My Contractor or Home Builder Have Insurance?
3/1/2012 - Why is The Realtor Calling? What's Up With That?
2/29/2012 - Questions about Home Sale in Indiana
2/22/2012 - What Really Happens When Buying a House
2/20/2012 - Can I Get Mental Anguish Damages in My DTPA Claim?
2/18/2012 - Key 3 - Keys to Buying a House in 2012
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2/14/2012 - Don't Agree to an Intermediary Agency or Brokerage
2/12/2012 - USE AN ATTORNEY, NOT AN AGENT WHEN BUYING A HOUSE
2/4/2012 - DO YOU REALLY NEED A BUYER'S AGENT?
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1/12/2012 - Key 1 - Keys to Buying a House in 2012
1/11/2012 - Keys to Buying a Home in 2012
10/19/2011 - Can Filing a Lawsuit Affect Market Value? Too Much Expert, Not Enough Common Sense
10/7/2011 - Texas Real Estate Commission "TREC" Says No Intent to Make Earnest Money Contract an "AS IS" Contract
10/7/2011 - Step 5: AFTER A HURRICANE
10/7/2011 - Judge Graham Quisenberry Refuses to Try Rees Atkins and Piper Pardue on Real Estate Fraud
9/2/2011 - What To Do After a Hurricane Step 4B: What NOT to say to the Insurance Company
9/1/2011 - Step 4 After a Hurricane; Contact Your Agent
9/1/2011 - What to Do After a Hurricane: Step 4A: Record Your Contacts with the Insurance Company
8/9/2011 - After Taking Video and Photos, Protect Your Home and Property. Step 3 After a Hurricane
8/6/2011 - Dick Hargis: The Master of Sincerity
8/5/2011 - After a hurricane, What Do I send the Adjustor? Step 2 After a Hurricane
8/4/2011 - 1st Step After Hurricane - TAKE PICTURES & VIDEO!
8/2/2011 - What to Do After a Hurricane or Storm
8/1/2011 - Hurricane and Storm Policies Pay Your Legal Fees
7/20/2011 - Do I Need a New Survey?
5/24/2011 - True Trial Stories: We Can't Speak French During Voir Dire
5/23/2011 - Stopping Foreclosure
5/23/2011 - True Trial Story: The Witness Just Left...No Direct, No Questions, Just Left the Courtroom
5/19/2011 - Septic System Advice for Home Buyers
5/17/2011 - True Trial Stories: You Can Take Off Your Sunglasses Now...
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5/3/2011 - We Built You a House, Now You F#@$%#@ Like It!
5/3/2011 - True Trial Stories: The Sleeping Defendant
4/21/2011 - Termites Mean Damage
4/18/2011 - Home Seller Not Liable
4/18/2011 - True Trial Story: Sentenced to Jail in the Middle of Trial
4/13/2011 - True Trial Story: Some Phone Calls HAVE to be answered...
4/8/2011 - True Trial Story: Don't Wake the Judge
4/6/2011 - Termite Swarmers
4/4/2011 - Home Buyer Tip of the Week: Talk to the Seller Yourself
4/1/2011 - Realtors Set to Vote to Set Realtors Free from the DTPA
3/30/2011 - Texas Legislature Gives Realtors a "Get out of Jail Free" Card
2/18/2011 - Lennar Homes Backs Out of Settlement
2/17/2011 - Lennar Homes Refuses to Honor Settlement
1/14/2011 - Real Estate Fraud Story: The Report They Forgot to Destroy
1/12/2011 - DID THE HOMEOWNER DO SOMETHING WRONG?
10/20/2010 - Rusty Jenney IS the BEST Termite Inspector in Texas
10/13/2010 - Don't Rely on a Real Estate Agent
10/12/2010 - Builders Rely on Their Lawyers to Cover the Truth
10/11/2010 - Utilice la ley. Está aquí para usted.
6/17/2010 - Homebuilders Hate Juries
3/1/2010 - Real Estate Fraud in Texas
2/17/2010 - Make Your Realtor Get the Answer in Writing
2/15/2010 - Ask for Previous Disclosures
2/12/2010 - Why Do Realtors Lie?
2/11/2010 - Septic System Disclosures
10/8/2009 - Why Realtors Like Home Inspectors
9/16/2009 - Termite Inspection is a Waste of Time
9/14/2009 - END CONSUMER ARBITRATION NOW! Reason No. 1
9/11/2009 - Texas Real Estate Commission is There to Help Realtors, Not Consumers
5/14/2009 - Keeping the TRCC Alive - And Killing Homeowner's Hopes of Quality Building
3/23/2009 - House Has Unpermitted Repairs that are Causing Mold
3/20/2009 - Homeowner Wants to Know if Rotted Roof Trusses and A/C Non-Disclosure are Fraud
3/3/2009 - So Your Client Wants a Bigger House...
2/25/2009 - Disclose Everything!
2/23/2009 - What If I Can't Attend the Inspections?
2/18/2009 - How Long Can the TRCC Take?
2/17/2009 - All Used Home Sales in Texas are "AS IS"
1/28/2009 - CARTUS FINANCIAL COMMITS FRAUD ON HOMEOWNERS
1/16/2009 - END CONSUMER ARBITRATION
1/16/2009 - END CONSUMER ARBITRATION II
12/12/2008 - KB HOMES DESTROYED EVIDENCE OF MOLD
10/25/2008 - Do Builder Repairs Have to Be Disclosed?
10/23/2008 - Disclose Everything!
10/3/2008 - What is a Mediation?
10/1/2008 - How To Get an Honest Appraisal
9/25/2008 - Mortgage Fraud
2/27/2008 - Subdivision Drainage
2/20/2008 - Why Termite Inspectors Can't Find Termites
1/23/2008 - Why a Home Inspection is Not What You Think it Is
1/17/2008 - Trusting Your Home Inspector
1/16/2008 - Home Inpectors Respond to My Criticism
1/16/2008 - How To Pick a Home Inspector
1/4/2008 - Beware of Home Inspectors
12/26/2007 - Intermediary Agent Scam
12/19/2007 - What is an Intermediary Agent?
12/12/2007 - Ask Your Neighbor
12/5/2007 - IF A DEFECT WAS REPAIRED, DO YOU HAVE TO DISCLOSE IT?
11/28/2007 - Does Seller Have To Disclose Old Defects & Conditions?
11/21/2007 - When Real Estate Disclosures NOT Required
10/29/2007 - The TRCC aka "The Builders Defense Program"
10/22/2007 - The Texas Residential Construction Commission
9/26/2007 - House Foundation Settlement
9/19/2007 - Homeowners for Better Building (HOBB) is another national organization to assist you when you have a new home construction defect.
9/18/2007 - Builder Fails to Attend SIRP Inspection
9/13/2007 - Homeowners Against Deficient Dwellings (HADD) is a Resource When your New Home Has a Construction Defect
9/2/2007 - Water damage and termites in our homes.
8/22/2007 - Construction Defects and Water Damage
8/19/2007 - The Importance of Keeping Good Records When Things Don't Go Right
8/16/2007 - Construction Defects and the Mortgage Subprime Market Hurts All of Us
8/15/2007 - Being a Witness in a Construction Defects Case
8/13/2007 - BAD BUILDERS IN WASHINGTON STATE
8/13/2007 - Free Speech
7/19/2007 - Texas Residential Construction Commission Is Bad for Texans
7/3/2007 - Lennar Homes is the Biggest, Does That Mean They are the Bestare Good
6/5/2007 - Is ReMax Really Behind Your Agent?
Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
2303 RR 620 South,   Suite 135 PMB 361,   Austin, Texas 78734
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