Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER BGENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE
RULE §535.4License Required
ISSUE 09/02/2016
ACTION Proposed
Rule Withdrawn: 11/17/2016
Preamble Texas Admin Code Rule

(a)The Act applies to any person acting as a real estate broker or sales agent [salesperson] while physically within Texas, regardless of the location of the real estate involved or the residence of the person's customers or clients. For the purposes of the Act, a person conducting brokerage business from another state by mail, telephone, the Internet, email, or other medium is acting within Texas if the real property concerned is located wholly or partly in Texas.

(b)This section does not prohibit cooperative arrangements between non-resident brokers and Texas brokers pursuant to §1101.651(a)(2) of the Act and §535.131 of this title.

(c)Unless otherwise exempted by the Act, a person must be licensed as a broker or sales agent [salesperson] to show a property [broker's listings]. For purposes of this section, "show" a property includes causing or permitting the property to be seen by a prospective buyer or tenant, unlocking or providing access onto or into a property, or hosting an open house at the property.

(d)Notwithstanding subsection (c), an unlicensed assistant of a broker or sales agent may show a property only if:

  (1)no person lives at, and no personal property except any intended to remain or convey is stored at, the property; and

  (2)the property owner and the prospective buyer or tenant, prior to the property being shown, have signed a written consent acknowledging that:

    (A)the unlicensed assistant is an employee of the broker or a sales agent sponsored by the broker as defined by §535.5(d) of this title;

    (B)the unlicensed assistant has not had a criminal history background check performed by the Commission;

    (C)the unlicensed assistant may not point out or answer questions about the features of the property or neighborhood; and

    (D)the broker is responsible for all acts and omissions of the unlicensed assistant.

(e)Notwithstanding subsection (c), a license holder may allow an unlicensed person unescorted access to view a property only if:

  (1)no person lives at, and no personal property except any intended to remain or convey is stored at, the property; and

  (2)the property owner, prior to the property being viewed, has signed a written consent acknowledging that:

    (A)the property owner is aware that unescorted access may occur; and

    (B)the broker enabling access is responsible for any damage that results from such unescorted access.

(f)[(d)] The employees, agents or, associates of a licensed broker must be licensed as brokers or sales agents [salespersons] if they direct or supervise other persons who perform acts for which a license is required.

(g)[(e)] A real estate license is required for a person to solicit listings or to negotiate in Texas for listings.

(h)[(f)] A business entity owned by a broker or sales agent [salesperson] which receives compensation on behalf of the license holder must be licensed as a broker under the Act.

(i)[(g)] A person controls the acceptance or deposit of rent from a resident of a single-family residential real property unit and must be licensed under the Act if the person has the authority to:

  (1)use the rent to pay for services related to management of the property;

  (2)determine where to deposit the rent; or

  (3)sign checks or withdraw money from a trust account.

(j)[(h)] For purposes of subsection (i)[(g)] of this section, a single-family residential unit includes a single family home or a unit in a condominium, co-operative, row-home or townhome. The term does not include a duplex, triplex or four-plex unless the units are owned as a condominium, cooperative, row-home, or townhome.

(k)[(i)] A person must be licensed as a broker to operate a rental agency.

(l)[(j)] A real estate license is required of a subsidiary corporation, which, for compensation, negotiates in Texas for the sale, purchase, rent, or lease of its parent corporation's real property.

(m)[(k)] A person who arranges for a tenant to occupy a residential property must have a real estate license if the person:

  (1)does not own the property or lease the property from its owner;

  (2)receives valuable consideration; and

  (3)is not exempt under the Act.

(n)[(l)] A real estate license is required for a person to receive a fee or other consideration for assisting another person to locate real property for sale, purchase, rent, or lease, including the operation of a service which finds apartments or homes.

(o)[(m)] The compilation and distribution of information relating to rental vacancies or property for sale, purchase, rent, or lease is activity for which a real estate license is required if payment of any fee or other consideration received by the person who compiles and distributes the information is contingent upon the sale, purchase, rental, or lease of the property. An advance fee is a contingent fee if the fee must be returned if the property is not sold, purchased, rented, or leased.

(p)[(n)] A person must be licensed as a broker or sales agent [salesperson] if, for compensation, the person:

  (1)advertises for others regarding the sale, purchase, rent, or lease of real property;

  (2)accepts inquiries received in response to such advertisements; and

  (3)refers the inquiry to the owner of the property.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 18, 2016

TRD-201604246

Kerri Lewis

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 2, 2016

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



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