1. (a) A person must be licensed as a real estate broker or salesperson to advertise for others regarding real property, accept calls received in response to such advertisements, and refer the callers to the owner of the property.
2. (b) A person may contract to advertise real estate for purchase, sale, lease or rental in a publication without being licensed under Texas Occupations Code, Chapter 1101, (the Act), unless payment of any fee or consideration the person receives is contingent upon the purchase, sale, lease, or rental of the property advertised in the publication. For the purposes of this section an advance fee is a contingent fee if the person is obligated to return the fee if the property is not purchased, sold, leased or rented. This section shall be narrowly construed to effectuate the purposes for which this section was adopted.

Source Note:The provisions of this §535.21 adopted to be effective January 1, 1976; amended to be effective July 17, 1992, 17 TexReg 4751; amended to be effective July 1, 1999, 24 TexReg 4824; amended to be effective January 1, 2004, 28 TexReg 9541.