22 Tex. Admin. Code § 535.131
Unlawful Conduct; Splitting Fees
Effective Aug 31, 200429 TexReg 8296 Source Note: The provisions of this §535.131 adopted to be effective January 1, 1976; amended to be effective March 11, 1981, 6 TexReg 725; amended to be effective May 27, 1998, 23 TexReg 5437; amended to be effective October 1, 2000, 25 TexReg 8645; amended to be effective August 31, 2004, 29 TexReg 8296. Texas Secretary of State
- (a) The Real Estate License Act, Texas Occupations Code, Chapter 1101, (the Act) permits Texas-licensed brokers to cooperate with and share earned commissions with persons licensed as brokers in other states, but all negotiations physically conducted within Texas must be handled by Texas licensees.
- (b) As used in §1101.651 of the Act, the word "state" refers to the states, territories, and possessions of the United States and any foreign country or governmental subdivision thereof.
- (c) An unlicensed person may share in the income earned by a real estate brokerage operation if the person engages in no acts for which a license is required and does not lead the public to believe that the person is in the real estate brokerage business.
- (d) If a member of a partnership or an officer of a corporation does not engage in acts for which a license is required, the person is not required to be licensed and may share in the income earned by the partnership or corporation.
- (e) A resident of a foreign state that does not require a person to be licensed to act as a real estate broker is considered to be licensed as a broker for the purposes of the Act, §1101.651, if the person complies with the law of the foreign state and practices there as a real estate broker.
Source Note:The provisions of this §535.131 adopted to be effective January 1, 1976; amended to be effective March 11, 1981, 6 TexReg 725; amended to be effective May 27, 1998, 23 TexReg 5437; amended to be effective October 1, 2000, 25 TexReg 8645; amended to be effective August 31, 2004, 29 TexReg 8296.