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Texas Occupations Code - OCC § 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 sales agent may not accept compensation for a real estate transaction from a person other than the broker that is sponsoring the sales agent or was sponsoring the sales agent when the sales agent earned the compensation.

(c)?A sales agent may not pay a commission to a person except through the broker that is sponsoring the sales agent at that time.

(d)?A broker and any broker or sales agent appointed under Section 1101.560 who acts as an intermediary under Subchapter L? ���1 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 agent in writing not to disclose, unless:

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

(B)?the broker or sales agent 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.

1 ?V.T.C.A., Occupations Code ??1101.551 et seq.

Cite this article: FindLaw.com - Texas Occupations Code - OCC § 1101.651. Certain Practices Prohibited - last updated April 14, 2021 | https://codes.findlaw.com/tx/occupations-code/occ-sect-1101-651/


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