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(a)Except as otherwise provided by the Act or Commission
rules, a broker or sales agent 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.
(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 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, unless the entity is exempted from the requirements
of licensure as provided by §535.5 of this chapter (relating
to License Not Required) and §1101.355(d) of the Act.
(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 has the written consent of the sales agent'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 adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on November 9, 2023
TRD-202304133 Vanessa E. Burgess
General Counsel
Texas Real Estate Commission
Effective date: January 1, 2024
Proposal publication date: August 25, 2023
For further information, please call: (512) 936-3284
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