(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 sales agent [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
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 February 15, 2023
TRD-202300740 Vanessa E. Burgess
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2023
For further information, please call: (512) 936-3284
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