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(a)Except as otherwise provided by the Act or Rules,
a broker or 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 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 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 salesperson has the written consent of the 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 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-201405659 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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