(a) Unless excluded from the definition of "Broker"
in Occupations Code, §2301.002, a person may not act, offer to
act, or claim to be a broker.
(b) For purposes of this chapter, the phrase "arranges
or offers to arrange a transaction," as used in the definition of
broker in Occupations Code, §2301.002, includes the practice
of arranging or offering to arrange a transaction involving the sale
of a new motor vehicle for a fee, commission, or other valuable consideration.
Advertising is not acting as a broker, provided the person's business
primarily is broadcasting, printing, publishing, or advertising for
others in their own names.
(c) A buyer referral service, program, plan, club,
or any other entity that accepts a fee for arranging a transaction
involving the sale of a new motor vehicle is a broker. The payment
of a fee to such entity is aiding and abetting brokering. However,
a referral service, program, plan, club, or other entity that forwards
a referral to a franchised dealership may lawfully operate in a manner
that includes all of the following conditions:
(1) There is no exclusive market area offered to a
dealer by the program. All dealers are allowed to participate in the
program on equal terms.
(2) Participation by a dealer in the program is not
restricted by conditions, such as limiting the number of line-makes
or discrimination by size of dealership or location. The total number
of participants in the program may be restricted if the program is
offered to all dealers at the same time, with no regard to the line-make.
(3) All participants pay the same fee for participation
in the program. The program fee shall be a weekly, monthly, or annual
fee, regardless of the size, location, or line-makes sold by the franchised
dealer.
(4) A person is not to be charged a fee on a per referral
fee basis or any other basis that could be considered a transaction-related
fee.
(5) The program does not set or suggest to the dealer
any price of a motor vehicle or a trade-in.
(6) The program does not advertise or promote its plan
in a manner that implies that the buyer, as a customer of that program,
receives a special discounted price that cannot be obtained unless
the customer is referred through that program.
(7) A program must comply with Subchapter F of this
chapter (related to Advertising).
(d) This section does not apply to a person who is
not a broker as defined in Occupations Code, §2301.002.
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Source Note: The provisions of this §215.84 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective June 1, 2024, 49 TexReg 2704 |