Texas Occupations Code § 1101.651. Certain Practices Prohibited




(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.

<Text of (b) effective until January 1, 2016>

(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.

<Text of (b) effective January 1, 2016>

(b) A sales agentsalesperson may not accept compensation for a real estate transaction from a person other than the broker that is sponsoringwith whom the sales agentsalesperson is associated or was sponsoring the sales agentassociated when the sales agentsalesperson earned the compensation.

<Text of (c) effective until January 1, 2016>

(c) A salesperson may not pay a commission to a person except through the broker with whom the salesperson is associated at that time.

<Text of (c) effective January 1, 2016>

(c) A sales agentsalesperson may not pay a commission to a person except through the broker that is sponsoringwith whom the sales agentsalesperson is associated at that time.

<Text of (d) effective until January 1, 2016>

(d) A broker and any broker or salesperson appointed under Section 1101.560 who acts as an intermediary under Subchapter L [FN1] 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.

<Text of (d) effective January 1, 2016>

(d) A broker and any broker or sales agentsalesperson 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 sales agentsalesperson in writing not to disclose, unless:

(A) the broker or sales agentsalesperson is otherwise instructed in a separate writing by the respective party;

(B) the broker or sales agentsalesperson 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.

[FN1]

 V.T.C.A., Occupations Code § 1101.551 et seq.


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