In 1955, it was renamed the Texas Real Estate Licensing Act. GENERAL PROVISIONS J) the Fair Housing Act (42 U, S, C. Section 3601 et seq. Section 2901 et seq.
The content of the qualified real estate courses listed in Subsection (a); and Entering into the obligation to pay another person who is secured by an interest in real property. B) At a regular meeting in February of each year, the committee shall elect a deputy director and a secretary from among its members. C) The president, the deputy director and the secretary constitute the executive committee of the commission. Does not have at the time of appointment the qualifications required by Section 1101.051 (a) or (b) or 1101,052; does not maintain during service on the commission the qualifications required by Section 1101.051 (a) or (b) or 1101,052; Is not eligible for membership under Section 1101.053; B) For the purposes of this section, the fee for rule can determine what constitutes a day or the actual and necessary expenses.
(D) The executive director of the commission shall create a training manual that includes the information required by subsection (b). The Executive Director shall distribute a copy of the training manual annually to each member of the commission. Each member of the commission shall sign and submit to the Executive Director a statement acknowledging that the member has received and revised the training manual. B) Notwithstanding subsection (a), a committee member or employee may receive reimbursement for reasonable travel expenses.
(B) The executive director or the person designated by the executive director shall develop a system of annual performance reviews. All merit payments for commission employees must be based on the system set forth in this subsection. B) The commission shall transmit, not less than once a quarter, additional fees charged under Subsection (a) to Texas A&M University to be deposited in a separate bank account that can be allocated only to support, maintain and carry out the purposes, objectives and duties of the Real Estate Research of Central Texas. C) If a person fails to comply with a subpoena issued under this section, the commission, acting through the Attorney General, may file a lawsuit to enforce the summons in a district court in Travis County or in the county in which a hearing led by the commission is held.
B) A member of an advisory committee who is not a member of the commission cannot receive compensation for his service on the committee. The member may receive reimbursement for actual and necessary expenses incurred in carrying out the functions of the committee pursuant to Section 2110.004, Government Code. Coordinate the implementation of the policy adopted under Subsection (a); I) If the commission determines at any time that an allegation made or a formal complaint filed by a person is inappropriate or lacks merit, the commission will dismiss the complaint and no further action may be taken. The commission may delegate to the staff of the commission the duty to dismiss the complaints described in this subsection.
C) Disclosure of information under Subsection (b) does not constitute disclosure or disclosure for purposes of Section 552.007, Government Code. D) The commission may require a person entitled to receive information under Subsection (b) to sign a confidentiality agreement before disclosing the information. E) Notwithstanding subsection (a), on the dismissal or final resolution of a complaint, investigation or audit, information or materials prepared or collected by the commission in connection with the complaint, investigation or audit, including a full audit report or final order from the commission, is subject to disclosure in under Chapter 321 or 552, Government Code. B- For commission approval of a request to offer a course of study under this section, the applicant must ensure that instructors of the educational program meet the minimum education and experience requirements developed by the commission under Subsection (a) (.
E) Notwithstanding subsection (c), the commission may renew the approval of a program to offer a program or course of study on a trial basis if the commission determines that the program is capable of meeting the benchmark under subsection (c) within a reasonable time established by the commission. F) The commission may refuse approval of a request to renew the approval of a program to offer a program or course of study if the applicant violates an order of the commission. The denial of an approval under this subsection is subject to the same provisions that apply in Section 1101.364 to the denial of a license. B) If the commission determines that an applicant for approval of a continuing education course of study meets the requirements of this subchapter or Section 1102.205 and any rules adopted under this subchapter or Section 1102.205, the commission may authorize the applicant to offer the course of study for a period of two years.
C) The commission may, as a general rule, develop minimum education and experience requirements for an instructor of a continuing education course of studies. In order for the commission to approve a request to offer the course, the applicant must ensure that the course instructors meet the minimum education and experience requirements developed by the commission under this subsection. D) The commission may deny a request to renew an approval under this section if the applicant violates a commission order. C) The commission shall adopt rules to determine the educational program in which a graduate is affiliated for the purposes of this section.
B) A committee formed under this section shall review and evaluate any factors that cause the underperformance of an educational program and report findings and recommendations for improving performance to the program and the commission. C) A committee formed under this section may not revoke the approval of an educational program. The commission may temporarily suspend a program in the same manner as a license under Subchapter N. C) Disclosure under subsection (b) must be provided even if an order has granted community supervision that suspends sentencing.
D) At the time an application is submitted under Subsection (a), each applicant will provide the commission with the applicant's current mailing address and telephone number, and the applicant's business email address, if available. The applicant shall notify the commission of any changes to the applicant's mailing or email address or telephone number during the time the application is pending. B) The commission will refuse to issue a license or renew a license on the active status of a person who does not meet the requirement of Subsection (a). Provided by the individual under this section; and Enter into an agreement with the Department of Public Safety to administer a criminal background check required under this section; and C) If a person applies for a license after receiving notice of a determination, the commission may conduct a proceeding complementary determination of the person's physical condition.
The supplemental determination may cover only the period after the date the person requests a fitness determination under this section. B) Subsection (a) does not apply to an applicant who, at the time of application, is licensed as a real estate agent from another state who has licensing requirements comparable to the requirements of this state. C) you have met the educational requirements prescribed by Section 1101,356; or B) The commission will waive the education requirements of Subsection (a) if the applicant has obtained a license in this state as a broker or sales agent within six months prior to the filing date of the application. C) If a sales agent license applicant obtained a license as a sales agent within six months prior to the date the application was filed and the license was issued under the conditions prescribed by Section 1101,454, the commission shall require the applicant to submit proof of successful completion.
of the educational requirements that would have been required if the license had been maintained without interruption for the previous six months. Unless the commission certifies that a copy of the process or plea was mailed to the respondent as provided in Subsection (d); and (B) The commission may issue an inactive sales agent license to a person who applies for a sales agent license and meets all license requirements. The person cannot act as a sales agent unless sponsored by a licensed broker who has notified the commission as required by Section 1101,367 (b). Presents proof of having attended continuing education as specified in Section 1101,455 for the two years prior to the date the application was filed under Branch ().
B) The commission may return a sales agent license to the active state under subsection (a) if, prior to the expiration date of the sales agent license, a licensed broker files an application with the commission informing the commission that the broker assumes the sponsorship of the sales agent, accompanied by the corresponding rate. C) As a condition of returning to active status, an inactive sales agent whose license is not subject to the education requirements of Section 1101.454 must provide the commission with proof of having attended continuing education as specified in Section 1101.455 for the two years prior to the date of filing the request to return to the active state. The application is filed before the second anniversary of the expiration date of the equivalent license. E) The commission will adopt rules and standards as necessary to implement this section.
(B) An applicant who fails the exam three consecutive times may not apply for a new examination or submit a new application for leave unless the applicant submits satisfactory evidence to the commission that the applicant has completed his additional education, as prescribed by the commission, since the date of the last examination of the applicant. C) A person other than the commission cannot benefit from the reproduction and distribution of the material described in Subsection (b) and may sell the material only at a price equal to the cost of reproducing and distributing the material. D) The commission cannot waive the renewal requirements under this section. B) A licensee who is not subject to the education requirements of Section 1101,454 must attend continuing education courses approved by the commission during the current license term.
The commission, as a rule, will prescribe the number of class hours of continuing education courses that the licensee must attend, which must be at least 15 class hours. The commission cannot increase the number of required class hours by more than three during the term of a license. J) The segments of the daily face-to-face courses offered in this section must be at least one hour and no longer than 10 hours. K) Despite the number of hours required by Subsection (e), a member of the legislature licensed under this chapter must only complete three hours of continuing education on the legal issues under Subsection (e).
B) The committee by rule shall prescribe the title, content and duration of the broker liability education courses required in this section. C) The corridor liability education course hours may be used to meet the hours described in Section 1101,455 (f). B) The denial of a license renewal is subject to the same provisions that apply under Section 1101.364 to the denial of a license. The subjects specified in Subsection (b); and (B) No later than the tenth day after the date on which a broker moves from the address designated in the broker's license, the broker shall submit an application, accompanied by the appropriate fee, for a license designating the broker's new office location.
The commission will issue a license designating the new location if the new location meets the requirements of this section. The notice required by Section 1101.202 (a). You may not direct another broker to directly or indirectly violate Section 1101.652 (b) (2); A consultation of a person described in Section 1101.005 (regarding the terms or forms of the contract required by the person's employer) does not violate Section 1101.652 (b) (2) if the person does not have the authority to bind the employer to the contract; and (C) the person making the offer does not engage in another activity that directly or indirectly violates Section 1101.652 (b) (2.B) - The commission shall, as a general rule, prescribe the text of the notice required in Subsections (b) - (and (y) shall establish the methods by which the licensee shall provide the notice. C) The intermediary shall act in a fair and impartial manner.
The appointment by a broker acting as an intermediary of an associate licensee under Section 1101.560 to communicate, carry out instructions and provide opinions and advice to the parties to whom the associated licensee is appointed is a fair and impartial act. C) A licensee designated under this section may provide opinions and advice during negotiations to the party to whom the licensee is appointed. C) If an aggrieved person is unable, by action of a bankruptcy court, to enforce a judgment or to perfect a lien by judgment, as required by Subsection (a), the person shall verify with the commission that the person has made a good faith effort to prevent the judgment from being released in the event of bankruptcy. D) The commission by rule may prescribe the actions necessary for an aggrieved person to prove that the person has made a good faith effort under Subsection (c) to protect a judgment from being canceled in the event of bankruptcy.
Of the truth of each matter that the aggrieved person must prove under Section 1101.607; and C) If the court finds that the total amount of claims against the holder of a license or certificate exceeds the limitations of this section, the court will proportionately reduce the amount payable for each claim. D) A person receiving payment from the trust account is entitled to reasonable attorneys' fees in the amount determined by the court, subject to the limitations prescribed in this section. E) For the purposes of this section, a business entity and the broker who is the broker designated by the business entity are considered a single licensee. Drafts an instrument, other than a form described in Section 1101,155, that transfers or otherwise affects an interest in real property; or (B) The commission may legalize an order for revocation of a license, approval, or registration under this section.
D) For the purposes of this section, if payment is made from the real estate recovery trust account in the name of the licensee of a business entity or a designated agent of the licensee of a business entity, the commission will proceed according to subsection (a) against the business entity and the broker designated. E) A hearing under this section is governed by contested case procedures under Chapter 2001, Government Code. C) The administrative law judge may award reasonable costs to the commission on a request and proof of costs incurred if the defendant does not appear for the hearing. In this subsection, the term costs means all costs associated with the hearing, including costs charged by the State Office of Administrative Hearings and any costs related to the preparation of the hearing, discovery, depositions, subpoenas, service of the process, witness expenses, travel expenses and research expenses.
(C) The commission shall, as a rule, adopt an administrative penalty program based on the criteria listed in Subsection (b) for violations subject to an administrative sanction under this section to ensure that the amount of a sanction imposed is appropriate for the violation. Rules adopted under this subsection should provide authority for the commission to suspend or revoke a license, in addition to or instead of imposing an administrative sanction. D) A proceeding under this section is subject to Chapter 2001, Government Code. C) If the executive director receives a copy of an affidavit under Subsection (b) (), the executive director may file with the court, within five days of the date the copy is received, a challenge to the affidavit.
D) The commission is not required to grant bond in an action under Subsection (a), and court costs cannot be recovered from the commission. E) If the commission determines that a person has violated or is about to violate this chapter, the attorney general or the district attorney of the county or district attorney of the county in which the violation occurred or is about to occur, or in the county where the defendant resides, may bring an action on behalf of the state in court of the county district to temporarily or permanently diminish or prohibit the violation or to enforce this chapter. The plaintiff in an action under this subsection is not required to give a bond, and court costs cannot be recovered from the plaintiff. C) The commission is not required to grant bond in an action under this section, and court costs cannot be recovered from the commission.
B) The aggrieved person may file a lawsuit to recover a sanction under this section. B) An offense under this section is a Class A misdemeanor. C) to e) Repealed by Acts 2003, 78th Leg. B) Violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter O.
GENERAL PROVISIONS RELATING TO LIABILITY ISSUES B) This section takes precedence over any other law, including common law. C) This section does not diminish the liability of a broker for the acts or omissions of a sales agent associated with or acting for the broker. D) A licensee who fails to notify a buyer as provided in Section 1101.555 will not receive payment or recover any agreed commission for the sale. A) at least 18 semester hours or equivalent hours of qualifying real estate course classes, two semester hours of which must consist of a completed real estate brokerage course no more than two years prior to the application date; and.
A real estate agent licensed in another state who does not conduct any of the negotiations for which commission or other compensation is paid in this state. Xii) advises or offers advice to a real estate owner regarding the negotiation or completion of a short sale; and. C) A licensed sales agent may not participate in or attempt to participate in real estate brokerage, unless the sales agent is sponsored by a licensed broker and acts on their behalf. A de facto lawyer authorized under a power of attorney to conduct no more than three real estate transactions per year;.
B) at least 42 semester hours of qualified real estate courses or related courses accepted by the commission. It does not make clear to all parties to a real estate transaction which party the licensee is acting on behalf of;. Complete required courses of study, including qualifying real estate courses required and prescribed in this chapter. A) have a lawyer chosen by the buyer examine the summary covering the real estate object of the contract; or.
B) a licensee or certificate holder seeking to recover compensation, including a commission, in the real estate transaction that is the subject of the payment request; or. Describes the ways in which a broker can represent a party to a real estate transaction, including as an intermediary;. B) A person who sells or offers to sell an option or who assigns or offers to assign a share in a real estate purchase contract without disclosing the nature of that interest to a prospective buyer is participating in real estate brokerage. A licensee associated with the broker to communicate and carry out instructions from one of the parties to a real estate transaction; and.
The commission makes a payment from the Real Estate Recovery Trust account under Subchapter M on behalf of the holder of a license or registry; and. . .