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TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER NSUSPENSION AND REVOCATION OF LICENSURE
RULE §535.145False Promise

For purposes of §1101.652(b)(5) of the Act "false promise" includes both oral and written promises. The fact that a written agreement between the parties to a real estate transaction does not recite a promise made by a real estate license holder to one of the parties or that a person did not detrimentally rely on the false promise will not prevent the Commission from determining that a false promise was made. In determining whether this section has been violated, neither a written contractual provision disclaiming oral representations nor the Texas Rules of Evidence Rule 1004, the parol evidence rule, shall prevent the Commission from considering oral promises made by a license holder.


Source Note: The provisions of this §535.145 adopted to be effective January 1, 1976; amended to be effective October 1, 2000, 25 TexReg 8646; amended to be effective January 1, 2011, 35 TexReg 11691; amended to be effective November 29, 2012, 37 TexReg 9366; amended to be effective January 1, 2015, 39 TexReg 9669

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