: 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	12/12/2014
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:

(1)money;

(2)gifts of merchandise having a retail value greater than $50;

(3)rent bonuses; and

(4)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 license holder 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 license holder, the person refers the person's customers to the real estate license holder.

(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.

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 24, 2014

TRD-201405627

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2015

Proposal publication date: September 5, 2014

For further information, please call: (512) 936-3092

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