(a)Except as otherwise provided by the Act or Commission
|Rules], a broker or sales agent [
salesperson] may not share a commission or fees with any person
who engages in acts for which a license is required and is not actively
licensed as a broker or sales agent [ salesperson].
(b)An unlicensed person may share in the income earned
by a business entity licensed as a broker or exempted from the licensing
requirements under the Act if the person engages in no acts for which
a license is required and does not lead the public to believe that
the person is in the real estate brokerage business.
(c)A broker or sales agent [ salesperson]
may not share a commission or fees with an unlicensed business entity
created by a license holder for the purpose of collecting a commission
or fees on behalf of the license holder.
(d)A license holder may rebate or pay a portion of
the license holder's fee or commission to a party in the transaction
when the sales agent [ salesperson] has the written
consent of the sales agent's [ salesperson's]
sponsoring broker and the party represented by the license holder.
A commission or fee may not be paid to any party to the transaction
in a manner that misleads a broker, lender, title company, or governmental
agency regarding the real estate transaction or the financial resources
or obligations of the buyer. A license holder who intends to pay a
portion of the license holder's fee or commission to a party the license
holder does not represent must obtain the written consent of the party
represented by the license holder before making the payment.
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