Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

What does the Texas Property Code state about deed restrictions requiring wood shingle roofs?

1. They are invalidated by the Texas Property Code

2. They must be upheld regardless of the code

3. They are only valid in certain areas

4. They can be enforced if agreed upon by both parties

The correct answer is: They are invalidated by the Texas Property Code

The correct answer reflects the Texas Property Code's stance on deed restrictions that mandate specific types of roofing materials, such as wood shingles. Under the Texas Property Code, guidelines exist to ensure that deed restrictions do not impose unreasonable limitations that could affect the marketability or use of property. Thus, deed restrictions that require wood shingle roofs could be considered invalidated if they contradict these guidelines, particularly due to the evolving understanding of roofing materials in terms of environmental impact and maintenance. While options suggesting enforcement or validity under certain conditions may seem plausible, they do not align with the overarching aim of the Texas Property Code, which seeks to promote reasonable standards in property use and prevent restrictive practices that may harm property owners' rights or the community at large. Therefore, the stance taken by the Texas Property Code serves to balance regulation with the practicalities of modern roofing choices.