(a)Referring a prospective buyer, seller, landlord, or tenant to another person in connection with a proposed real estate transaction is an act requiring the person making the referral to be licensed if the referral is made with the expectation of receiving valuable consideration. For the purposes of this section, the term "valuable consideration" includes but is not limited to money, gifts of merchandise having a retail value greater than $50, rent bonuses and discounts. (b)A person is not required to be licensed as a real estate broker or salesperson if all of the following conditions are met. (1)The person is engaged in the business of selling goods or services to the public. (2)The person sells goods or services to a real estate licensee who intends to offer the goods or services as an inducement to potential buyers, sellers, landlords or tenants. (3)After selling the goods or services to the real estate licensee, the person refers the person's customers to the real estate licensee. (4)The payment to the person for the goods or services is not contingent upon the consummation of a real estate transaction by the person's customers.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on August 26, 2010
TRD-201005020 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 10, 2010
For further information, please call: (512) 465-3926
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