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(a) - (c)(No change.) (d)In negotiating for his or her principal a broker shall provide the following services: (1)accept and present to the principal offers and counter-offers to buy, sell, or lease the principal's property or property the principal seeks to buy or lease; (2)assist the principal in developing, communicating, and presenting offers, counter-offers, and notices that relate to the offers and counter-offers; and (3)answer the principal's questions relating to offers, counter-offers, and notices. (e)Under §1101.652(b)(22) of the Act a broker may not negotiate or attempt to negotiate the sale or lease of property with a principal with knowledge that the principal is a party to an outstanding written contract that grants exclusive agency to another broker. Under §1101.652(b)(27) of the Act, a broker may not aid, abet, or conspire with another to circumvent the Act. A broker who represents a principal under a listing contract that grants an exclusive agency to the broker may not instruct or authorize another broker who represents another party in the transaction to negotiate directly with the principal. (f)When a broker delivers an offer or counter-offer to another broker, the broker is not negotiating or attempting to negotiate with a principal he or she does not represent by delivering a copy of the offer or counter-offer to the principal he or she does not represent so long as the broker representing the principal consents to the delivery and the broker who makes the delivery does not discuss or attempt to discuss the terms or conditions of the offer or counter-offer with the principal he or she does not represent.
This
agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 23, 2005
TRD-200500832 Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 465-3900
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