| (a) An applicant for a broker license must have four
years of experience actively practicing as a broker or salesperson
in Texas during the 60 months prior to filing the application, as
follows:
(1) Experience is measured from the date a license
is issued, and inactive periods caused by lack of sponsorship, or
any other reason, cannot be included as active experience.
(2) Under §1101.357 of the Act, a person who is
the designated broker of a business entity that is licensed as a real
estate broker in another state is deemed to be a licensed real estate
broker in another state. A person licensed in another state may derive
the required four years' experience from periods in which the person
was licensed in one or more states.
(b) An applicant for a broker license must possess
four years of active experience as a licensed real estate broker or
salesperson during the 60 months preceding the date the application
is filed.
(c) An applicant for a broker license must demonstrate
not less than 3600 points of qualifying practical experience obtained
during the period required by subsection (b) of this section, using
TREC No. BL-A, Supplement A-Qualifying Experience Report for a Broker
License. An applicant must use TREC No. BL-B, Supplement B-Qualifying
Experience Report for a Broker License After an Application Has Been
Filed, to report qualifying experience after an application for a
broker license is filed. An applicant must demonstrate experience
for four out of five years.
(1) An applicant will receive credit for such experience
according to the point system set forth in subsection (d) of this
section.
(2) Upon request by the commission, either prior to
or after licensure, an applicant shall provide documentation to substantiate
any or all of the experience claimed by the applicant.
(3) Failure to promptly provide the requested documentation
or proof shall be grounds to deny the application. Any false claim
of experience shall be grounds to deny the application, or shall be
grounds to suspend or revoke the applicant's current license.
(d) Experience points shall be credited to an applicant
in accordance with the following schedule for active licensed salesperson
or broker activity only:
(1) Residential transactions including single family,
condo, co-op unit, multi-family (1 to 4-unit):
(A) Closed purchase or sale--300 points per transaction.
(B) An executed lease, renewal or extension for a landlord
or tenant--50 points per transaction.
(C) Residential rental property management rent collection--25
points per property per year.
(2) Commercial transactions, including apartments (5
units or more), office, retail, industrial, mixed use, hotel/motel,
parking facility/garage, and specialty:
(A) Closed purchase or sale--450 points.
(B) An executed lease, renewal or extension for a landlord
or tenant--100 points per transaction.
(C) Commercial rental property management rent collection--100
points per property per year.
(3) Farm and Ranch transactions:
(A) Closed purchase or sale on a farm and ranch contract--300
points.
(B) Closed purchase or sale on an unimproved contract--25
points.
(4) Brokerage branch office or team management--20
points per month with a maximum of 1200 points credit toward the 3,600
points total requirement.
(5) Listing or buyer representation agreements--10
points each.
(e) An applicant shall have the burden of establishing
to the satisfaction of the commission that the applicant actually
performed the work associated with the real estate transaction claimed
for experience credit.
(f) If an applicant is unable to obtain documentation
and/or the signature of a sponsoring broker to support their claim
for experience, the applicant must use TREC No. AFF-A, Affidavit in
Lieu of Documentation and/or Signature, to explain that the applicant
made a good faith effort to obtain the documentation and/or signature,
describing the effort to obtain the documentation and reasons why
it is not available. In addition, the applicant must submit two TREC
No. AFF-B, Affidavit in Support of Applicant's Claim of Experience,
each signed by a different individual who knows the applicant or is
familiar with the transaction(s) at issue attesting to the applicant's
efforts to obtain the documentation and/or signature, and attesting
to the fact that the applicant performed the work for which the applicant
is requesting points.
(g) The commission may request additional documentation,
rely on the documentation provided under this section, or utilize
any other information provided by the applicant to determine whether
the applicant has sufficient experience as required by §1101.356
of the Act and this section.
(h) Notwithstanding §1101.451(f) of the Act and
subsections (a) - (f) of this section, the commission may waive education
and experience required for a real estate broker license if the applicant
satisfies each of the following conditions.
(1) The applicant was licensed as a Texas real estate
broker within two years prior to the filing of the application.
(2) The applicant has completed at least 15 hours of
mandatory continuing education (MCE) courses within the two-year period
prior to the filing of an application for an active license.
(3) The applicant has at least two years of active
experience as a licensed real estate broker or salesperson during
the four-year period prior to the filing of the application.
(i) Forms and affidavits required to be used to report
experience under this section are adopted by reference, published
by and available from the Texas Real Estate Commission, P.O. Box 12188,
Austin, Texas 78711-2188, www.trec.texas.gov.
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| Source Note: The provisions of this §535.56 adopted to be effective January 1, 2011, 35 TexReg 11677; amended to be effective November 1, 2011, 36 TexReg 7327; amended to be effective March 21, 2012, 37 TexReg 1905 |
