Texas Statutes (Last Updated: January 4, 2014) |
OCCUPATIONS CODE |
Title 7. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING |
Subtitle A. PROFESSIONS RELATED TO REAL ESTATE |
Chapter 1101. REAL ESTATE BROKERS AND SALESPERSONS |
Subchapter N. PROHIBITED PRACTICES AND DISCIPLINARY PROCEEDINGS |
Sec. 1101.651. CERTAIN PRACTICES PROHIBITED
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(a) A licensed broker may not pay a commission to or otherwise compensate a person directly or indirectly for performing an act of a broker unless the person is:
(1) a license holder; or
(2) a real estate broker licensed in another state who does not conduct in this state any of the negotiations for which the commission or other compensation is paid.
(b) A salesperson may not accept compensation for a real estate transaction from a person other than the broker with whom the salesperson is associated or was associated when the salesperson earned the compensation.
(c) A salesperson may not pay a commission to a person except through the broker with whom the salesperson is associated at that time.
(d) A broker and any broker or salesperson appointed under Section 1101.560 who acts as an intermediary under Subchapter L may not:
(1) disclose to the buyer or tenant that the seller or landlord will accept a price less than the asking price, unless otherwise instructed in a separate writing by the seller or landlord;
(2) disclose to the seller or landlord that the buyer or tenant will pay a price greater than the price submitted in a written offer to the seller or landlord, unless otherwise instructed in a separate writing by the buyer or tenant;
(3) disclose any confidential information or any information a party specifically instructs the broker or salesperson in writing not to disclose, unless:
(A) the broker or salesperson is otherwise instructed in a separate writing by the respective party;
(B) the broker or salesperson is required to disclose the information by this chapter or a court order; or
(C) the information materially relates to the condition of the property;
(4) treat a party to a transaction dishonestly; or
(5) violate this chapter.