(a)Acting as a principal, a person may purchase, sell,
lease, or sublease real estate for profit without being licensed as
a broker or sales agent.
(b)A person who owns property jointly may sell and
convey title to his or her interest in the property, but to act for
compensation or with the expectation of compensation as an agent for
the other owner, the person must be licensed unless otherwise exempted
by the Act.
(c)A real estate license is not required for an individual
employed by a business entity for the purpose of buying, selling,
or leasing real property for the entity. An entity is considered to
be an owner if it holds record title to the property or has an equitable
title or right acquired by contract with the record title holder.
An individual employed by a business entity means a person employed
and directly compensated by the business entity. An independent contractor
is not an employee.
(d)Trade associations or other organizations that
provide an electronic listing service for their members, but do not
receive compensation when the real estate is sold, are not required
to be licensed under the Act.
(e)Auctioneers are not required to be licensed under
the Act when auctioning real property for sale. However, a licensed
auctioneer may not show the real property, prepare offers, or negotiate
contracts unless the auctioneer is also licensed under the Act.
(f)An answering service or clerical or administrative
|secretarial] employees identified to callers as
such to confirm information concerning the size, price, and
terms of property advertised are not required to be licensed under
The agency certifies that legal counsel has
reviewed the proposal and
found it to be within the state agency's
legal authority to adopt.
with the Office of the Secretary of State on February 15, 2023
Vanessa E. Burgess
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2023
For further information, please call: (512) 936-3284