: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 23	TEXAS REAL ESTATE COMMISSION
CHAPTER 535	GENERAL PROVISIONS
SUBCHAPTER B	GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE
RULE §535.20	Referrals from Unlicensed Persons
ISSUE	12/24/2010
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2010

TRD-201006904

Loretta R. DeHay

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2011

Proposal publication date: September 10, 2010

For further information, please call: (512) 465-3926

Next Page Previous Page