San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-02-18
Ask Legislature to Pass
Law Regulating Business
to Protect Public.
PENDING In SENATE
Anonymous Printed State
ment Is Answered in Let
ter by Etheridge.

is in circulation and is being investi
gated by members of the local real
estate board. Tom Etheridge, chair
man of the license law committee OBJ
tanned a copy of the anonymous state
ment and is answering it in letter
he is writing to the leading real estate
dealers in every town in Texas with
population of $50 or more.
. Mr.. Etheridge obtained the anony-
nous statement Thursday afternoon.
The statement asserts that twenty-five
San Antonio real estate dealers were
trying to pass a license law that re-
quired large bond and the result
would be that the small dealers would
be forced out of business. The writer
of the statement said he was former
resident of Michigan and that 65
firms in that state had been put put
of business.
Denies Bond Clause.
Mr.. Etheridge denies that the bill
has a bond clause and says that it has
been designed to eliminate unfair and
questionable practices. A legitimate
real estate dealer will not fear this
bill, according to Mr.. Etheridge, for
he has much to gain. This bill has
been endorsed by the State Associa-
ton Of Real Estate Boards and is in
force in fourteen states of the Union.
Letters written by Mr.. Etheridge
were mailed Wednesday TO the leading
real estate dealers in every town in
Texas with n population of $50 or
more, denying the charges in the
anonymous statement and making
plain the reason why Texas needs a
license law for real estate dealers.
What the Law Would Do.
The bill pending in the State Sen
ate, which if passed, will define.
regulate and license real estate brok-
ers and real estate statesmen, will
create a State Real Estate Commits
sion and will provide a penalty for a
violation of its provisions is as fol-
lows:
Section /. 1t shall be unlawful
for any person or members of firm,
partnership. association, co-partner-
ship, or corporation, whether acting
under an assumed name or otherwise,
from and after January l, 1924, to.
engage in the business or capacity.
either directly or indirectly, Of a real
estate broker within this State, with
out first obtaining license under the
provisions Of this act. Application
for license shall be made on printed
forms supplied by State Real Estate
Commission and a license shall be
granted only to persons who are trust
worthy and bear a good reputation for
honesty and fair dealing and are cap
able of transacting business Of real
estate broker or a real estate sales
man, in such a manner as to safe
guard the interests Of the public.
Section .. A Real Estate broker
within the meaning of this act is any
person or member of firm. partner
ship, association, co-partnership or
corporation, who for a compensation
or valuable consideration sells or Of
fers for sale, buys or offers to buy, or
negotiates the purchase or sale Of
exchange of real estate, or who leases;
or offers to lease or rents or offers
for rent any real estate or the i'm
provements thereon for others, as
whole or partial vocation.
Section 8. The provision Of this act
shall not apply to any person, firm,
partnership, association, copartnership
or corporation, who as owner or lessor
or lessee shall perform any Of the acts
aforesaid with reference TO property
owned or held under lease by them,
nor shall the provision of this act ap-
ply to persons holding a duly executed
power of attorney from the owner for
the sale, leasing or exchange of real
estate. nor shall this act be construed
to include in any way the services rem
dered by an attorney at law in the per-
formance of his duties as such attor-
ney at law, nor shall it be held to in
clude a receiver, trustee in bankruptcy,
administrator or executor or any per-
son selling real estate under order of
any court, nor to a trustee selling
under a deed Of trust, with the excep-
ton Of land subdivided into colonial
ton tracts or building lots, and any
person, firm, partnership, association,
co-partnership or corporation as own
er, subdividing land into colonization
tracts or building lots and offering the
same for sale shall become real
estate broker within the meaning Of
this act.
Section 4. A real estate salesman
within the meaning of this act is any
person who for a compensation or val
liable consideration is employed either
directly or indirectly by licensed real
estate broker to sell or offer TO sell. or
buy or offer, TO buy, or to negotiate
the purchase or sale or exchange of
Itul Fhldlts VI ltdcE vi OlLtE 10 ltuSt.
rent or offer for rent any real estate
for others as a whole or partial voca-
ton.
Section 5. One act for a compen-
sation or valuable consideration of
buying or selling real estate of or for
another. or offering for another to buy
or sell or exchange real estate, or leas-
ing or renting or offering 10 rent real
estate, except as herein specifically
excepted, shall constitute the person,
firm. association, co-partnership or
corporation performing, offering or at
tempting to perform any Of the acts
enumerated herein, real estate
broker or real estate salesman within
the meaning of this act.
Section 6. There is hereby created
the Texas Real Estate Commission.
The Governor shall within sixty days
appoint three persons, whose vocation
for a period Of at least ten years i'm
mediately prior to the date of their
appointment shall have been that of n
zeal estate broker or a real estate
mIssnan; one member shall be an
Dsip;e6 sD- term of one year; one
hember shall be appointed for a term
Of two years; one ember for a term of
three years: and until their successors
are appointed and qualify. thereafter
the term OF the members Of said Com