| (a) Texas Civil Statutes, Article 6573a (the Act) applies to persons acting as real estate brokers or salespersons within this state, regardless of the location of the real estate involved or the residence of the person's customers or clients. For the purposes of the Act, conducting brokerage business from another state by mail, telephone, the Internet, e-mail or other electronic medium is considered acting within this state. (b) Unless otherwise exempted by the Act, a person must be licensed as a real estate broker or salesperson to show a broker's listings, solicit listings of real property perform any act defined as that of a real estate broker by the Act. An unlicensed person may be hired by a broker to act as a host or hostess at a property being offered for sale by the broker, provided the unlicensed person engages in no activity for which a license is required. (c) The employees, agents or associates of a licensed broker, including a corporation or limited liability company licensed as a broker, must be licensed as real estate brokers or salespersons if they direct or supervise other persons in the performance of acts for which a license is required. A license is not required for the performance of secretarial, clerical, or administrative tasks, such as training personnel, performing duties generally associated with office administration and personnel matters. Unlicensed employees, agents, or associates may not solicit business for the broker or hold themselves out as authorized to act as real estate brokers or salespersons. (d) As used in this chapter, the terms "property" and "real property" have the same meaning as "real estate" as that term is defined in the Act. |
| Source Note: The provisions of this §535.1 adopted to be effective January 1, 1976; amended to be effective August 29, 1979, 4 TexReg 2900; amended to be effective December 25, 1980, 5 TexReg 4909; amended to be effective March 11, 1981, 6 TexReg 725; amended to be effective June 9, 1981, 6 TexReg 1922; amended to be effective March 19, 1990, 15 TexReg 1234; amended to be effective April 14, 1998, 23 TexReg 3681; amended to be effective July 1, 1999, 24 TexReg 4822 |
