Thomson/South-Western©2008 Chapter 18 Licensing Laws and Professional Affiliation...

Thomson/South-Western©2008

Chapter 18

Licensing Laws and Professional Affiliation

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License

• A person who, for compensation or promise of compensation, lists or offers to list, sells or offers to sell, buy or offers to buy, negotiates or offers to negotiate either directly or indirectly for the purpose of bring about a sale, purchase or option to purchase, exchange, auction, lease, or rental of real estate, or any interest in real estate

• Is required to hold a valid real estate license.


License Types• Real Estate Broker

– a person who, for another person and for a fee, commission, or other valuable consideration, or with the intention or in the expectation or on the promise of receiving or collecting a fee, commission, or other valuable consideration from another person for conducting real estate brokerage activity as defined by TRELA.

• Real Estate Salesperson– a person associated with a Texas licensed real estate broker

for the purposes of performing acts or transactions comprehended by the definition of "real estate broker" as defined in this TRELA.


Exemptions1. An attorney at law licensed in this state or in any other state.2. An attorney in fact under a duly executed power of attorney

authorizing the consummation of a real estate transaction.3. A public official in the conduct of that person's official duties.4. A person conducting an auction under the authority of a license

issued by this state, provided the person does not perform any other act of a real estate broker or salesman as defined by this Act.

5. A person acting under a court order or under the authority of a will or a written trust instrument.

6. A person employed by an owner in the sale of structures and land on which said structures are located if the structures are erected by the owner in the course of the owner’s business.

7. An on-site manager of an apartment complex.


Exemptions8. Transactions involving the sale, lease, or transfer of any mineral

or mining interest in real property.

9. An owner or the owner's employees in renting or leasing the owner's own real estate whether improved or unimproved.

10. Transactions involving the sale, lease, or transfer of cemetery lots.

11. Transactions involving the renting, leasing, or management of hotels or motels.

12. A partnership or limited liability partnership performing an act constituting an act of a broker or salesman, as defined by this Act, through a partner who is duly licensed as a real estate broker.


Texas License RequirementsBefore applying for a real estate Salesperson License (210

classroom hours), an individual must first furnish the Commission satisfactory evidence of successfully completing the following education:

• Principles of Real Estate core real estate course (60 classroom hours)

• Law of Agency core real estate course (30 classroom hours)

• Law of Contracts core real estate course (30 classroom hours)

• An additional core real estate course (30 classroom hours)

• Another four semester (60 classroom) hours in core courses or in related courses acceptable to the Commission.


Texas Broker License900 classroom hours

To be eligible to apply for a real estate Broker License:

• Not less than two (2) years active experience plus• 270 classroom hours of core real estate courses

plus • An additional 630 classroom hours in related

courses acceptable to the Texas Real Estate Commission


Continuing Education

• A licensee must furnish TREC proof of completing at least 15 classroom hours of continuing education course approved by TREC taken during the term of the current license.


License Required

• A person may not act as a professional inspector in this state for a buyer or seller of real property unless the person possesses a professional inspector license issued under this section.


Home Inspectors• Professional inspector means a person who represents

to the public that the person is trained and qualified to perform a real estate inspection and who accepts employment for the purpose of performing a real estate inspection for a buyer or seller of real property.

• Real estate inspector means a person who represents to the public that the person is trained and qualified to perform real estate inspections under the indirect supervision of a professional inspector and who accepts employment for the purpose of performing a real estate inspection for a buyer or seller of real property.


A licensed inspector may not: accept an assignment for real estate inspection if the employment or fee is

contingent on the reporting of a specific, predetermined condition of the improvements to real property or is contingent on the reporting of specific findings other than those known by the inspector to be facts at the time of accepting the assignment;

act in a manner or engage in a practice that is dishonest or fraudulent or that involves deceit or misrepresentation;

perform a real estate inspection in a negligent or incompetent manner; act in the dual capacity of inspector and undisclosed principal in a

transaction; act in the dual capacity of inspector and real estate broker or salesperson in

a transaction; perform or agree to perform any repairs or maintenance in connection with

a real estate inspection pursuant to the provisions of any earnest money contract, lease agreement, or exchange of real estate; or

violate the rules adopted by the commission or any provisions of this section.


http://www.TREC.state.Tx.us


Chapter 1101, Texas Occupations Code - The Real Estate License Act (Real Estate Brokers and Salespersons) and Chapter 1102, Texas Occupations Code (Real Estate Inspectors), which include revisions made by H.B. 3507, H.B. 1508 and S.B. 287, 78th Leg., R.S. (2003).

Note: see text Appendix A


License Suspension & Revocation• The commission may, on its own motion, and shall,

on the signed complaint in writing of any person, provided the complaint, or the complaint together with evidence, documentary or otherwise, presented in connection with the complaint, provides reasonable cause, investigate the actions and records of a real estate broker or real estate salesperson. The commission may suspend or revoke a license issued under the provisions of this Act or take other disciplinary action authorized by this Act at any time when it has been determined that:

• See appendix A in text.


Recovery Fund

• Will pay damages in the event a judgment is obtained against a licensee and there are no other funds recoverable from licensee.

• Limits are $50,000 per transaction and $100,000 against any one licensee.


Broker Affiliation

• Training – complement, enhance, and encourage your personal development.

• Compensation – usually a percentage of earned commissions.

• Support – what services do they offer.

• Franchise offices


Independent Contractor

• paid only if a sale produces a commission and is responsible for income taxes and social security.


REALTOR®

• Registered trade name

• Member of NAR and not synonymous with real estate agent

• Code of ethics first adopted in 1913

• GRI designation by taking sponsored education courses by NAR


Texas Association of REALTORS®

• headquartered in Austin, represents 50,000 members statewide involved in all aspects of the real estate industry.

• www.Texasrealtors.com

• 1115 San Jacinto Blvd., Ste. 200Austin, TX 78701-1906

• 1-800-873-9155


Code of Ethics

• www.Realtor.org


Key Terms

• Broker• Independent contractor• License revocation• License suspension• Licensee

• REALTOR®• Recovery fund• Sales associate• Salesperson• TREC

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