A violation of the Act, §15(a)(2), occurs if an applicant for licensure for the applicant or a salesperson omits material information or makes material misstatements, written or oral, in connection with the filing of an application to obtain licensure. This does not include an unintentional mistake of fact; however, a broker submitting an application as sponsor of a proposed salesperson has an affirmative duty to ascertain that all information called for in the application is given and is true, correct and complete, whether the application is filled out by the broker or the prospective salesperson.

Source Note:The provisions of this §535.143 adopted to be effective January 1, 1976; amended to be effective March 19, 1990, 15 TexReg 1236; amended to be effective May 27, 1998, 23 TexReg 5437; amended to be effective October 1, 2000, 25 TexReg 8646.