| (a) This section prohibits a person not licensed as a Texas real estate broker or salesperson from receiving a referral fee from another concerning the sale, exchange, purchase, rental or lease of real estate. (b) Real estate licensure is required for one to procure or assist in the procuring of prospective tenants of real property for compensation in any form, including but not limited to rent bonuses, discounts, gifts, or other things of value. (c) The referral of a prospective purchaser, for compensation, is an act requiring real estate licensure. (d) A person is not required to be licensed as a real estate broker or salesperson if all of the following conditions are met. (1) The person is engaged in the business of selling goods or services to the public. (2) The person sells goods or services to a real estate licensee who intends to offer the goods or services as an
inducement to potential buyers, sellers, landlords or tenants. (3) After selling the goods or services to the real estate licensee, the person refers the person's customers to the real estate licensee. (4) The payment to the person for the goods or services is not contingent upon the consummation of a real estate transaction by the person's customers.
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