reglab/housing_qa huggingface dataset:
TX Occ Code § 1101.552 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter L. Practice by License Holder|Section 1101.552. Fixed Office Required; Change of Address

Sec. 1101.552.  FIXED OFFICE REQUIRED; CHANGE OF ADDRESS.  (a)  A resident broker shall maintain a fixed office in this state.  The address of the office shall be designated on the broker's license.(b)  Not later than the 10th day after the date a broker moves from the address designated on the broker's license, the broker shall submit an application, accompanied by the appropriate fee, for a license that designates the new location of the broker's office.  The commission shall issue a license that designates the new location if the new location complies with the requirements of this section.(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 45, eff. September 1, 2019.(d)  A nonresident licensed broker is not required to maintain a place of business in this state.(e)  A license holder shall provide the commission with the license holder's current mailing address and telephone number, and the license holder's business e-mail address if available.  A license holder shall notify the commission of a change in the license holder's mailing or e-mail address or telephone number.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 55, eff. January 1, 2016.Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 14, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 45, eff. September 1, 2019.|
TX Occ Code § 1101.553 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter L. Practice by License Holder|Section 1101.553. Display of License

Sec. 1101.553.  DISPLAY OF LICENSE.   A residential rental locator shall prominently display in a place accessible to clients and prospective clients:(1)  the locator's license;(2)  a statement that the locator is licensed by the commission; and(3)  the notice required by Section 1101.202(a).|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 15, Sec. 14, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 56, eff. January 1, 2016.|
TX Occ Code § 1101.554 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter L. Practice by License Holder|Section 1101.554. Copy of Sales Agent License

Sec. 1101.554.  COPY OF SALES AGENT LICENSE.  The commission shall deliver a copy of each sales agent license to the broker that is sponsoring the sales agent.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 22, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 57, eff. January 1, 2016.|
TX Occ Code § 1101.555 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter L. Practice by License Holder|Section 1101.555. Notice to Buyer Regarding Abstract or Title Policy

Sec. 1101.555.  NOTICE TO BUYER REGARDING ABSTRACT OR TITLE POLICY.  When an offer to purchase real estate in this state is signed, a license holder shall advise each buyer, in writing, that the buyer should:(1)  have the abstract covering the real estate that is the subject of the contract examined by an attorney chosen by the buyer;  or(2)  be provided with or obtain a title insurance policy.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.556 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter L. Practice by License Holder|Section 1101.556. Disclosure of Certain Information Relating to Occupants

Sec. 1101.556.  DISCLOSURE OF CERTAIN INFORMATION RELATING TO OCCUPANTS.  Notwithstanding other law, a license holder is not required to inquire about, disclose, or release information relating to whether:(1)  a previous or current occupant of real property had, may have had, has, or may have AIDS, an HIV-related illness, or an HIV infection as defined by the Centers for Disease Control and Prevention of the United States Public Health Service;  or(2)  a death occurred on a property by natural causes, suicide, or accident unrelated to the condition of the property.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.557 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter L. Practice by License Holder|Section 1101.557. Acting as Agent; Regulation of Certain Transactions

Sec. 1101.557.  ACTING AS AGENT; REGULATION OF CERTAIN TRANSACTIONS.  (a)  A broker who represents a party in a real estate transaction or who lists real estate for sale under an exclusive agreement for a party is that party's agent.(b)  A broker described by Subsection (a):(1)  may not instruct another broker to directly or indirectly violate Section 1101.652(b)(22);(2)  must inform the party if the broker receives material information related to a transaction to list, buy, sell, or lease the party's real estate, including the receipt of an offer by the broker; and(3)  shall, at a minimum, answer the party's questions and present any offer to or from the party.(c)  For the purposes of this section:(1)  a license holder who has the authority to bind a party to a lease or sale under a power of attorney or a property management agreement is also a party to the lease or sale;(2)  an inquiry to a person described by Section 1101.005(6) about contract terms or forms required by the person's employer does not violate Section 1101.652(b)(22) if the person does not have the authority to bind the employer to the contract; and(3)  the sole delivery of an offer to a party does not violate Section 1101.652(b)(22) if:(A)  the party's broker consents to the delivery;(B)  a copy of the offer is sent to the party's broker, unless a governmental agency using a sealed bid process does not allow a copy to be sent; and(C)  the person delivering the offer does not engage in another activity that directly or indirectly violates Section 1101.652(b)(22).|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 825 (S.B. 810), Sec. 7, eff. September 1, 2005.|
TX Occ Code § 1101.558 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter L. Practice by License Holder|Section 1101.558. Representation Disclosure

Sec. 1101.558.  REPRESENTATION DISCLOSURE.(a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016.(b)  A license holder who represents a party in a proposed real estate transaction shall disclose, orally or in writing, that representation at the time of the license holder's first contact with:(1)  another party to the transaction;  or(2)  another license holder who represents another party to the transaction.(b-1)  At the time of a license holder's first substantive communication with a party relating to a proposed transaction regarding specific real property, the license holder shall provide to the party written notice in at least a 10-point font that:(1)  describes the ways in which a broker can represent a party to a real estate transaction, including as an intermediary;(2)  describes the basic duties and obligations a broker has to a party to a real estate transaction that the broker represents; and(3)  provides the name, license number, and contact information for the license holder and the license holder's supervisor and broker, if applicable.(b-2)  The commission by rule shall prescribe the text of the notice required under Subsections (b-1)(1) and (2) and establish the methods by which a license holder shall provide the notice.(c)  A license holder is not required to provide the notice required by Subsection (b-1) if:(1)  the proposed transaction is for a residential lease for less than one year and a sale is not being considered;(2)  the license holder meets with a party who the license holder knows is represented by another license holder; or(3)  the communication occurs at a property that is held open for any prospective buyer or tenant and the communication concerns that property.(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016.(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 15, Sec. 7, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 58, eff. January 1, 2016.Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 92, eff. January 1, 2016.|
TX Occ Code § 1101.559 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter L. Practice by License Holder|Section 1101.559. Broker Acting as Intermediary

Sec. 1101.559.  BROKER ACTING AS INTERMEDIARY.  (a)  A broker may act as an intermediary between parties to a real estate transaction if:(1)  the broker obtains written consent from each party for the broker to act as an intermediary in the transaction;  and(2)  the written consent of the parties states the source of any expected compensation to the broker.(b)  A written listing agreement to represent a seller or landlord or a written agreement to represent a buyer or tenant that authorizes a broker to act as an intermediary in a real estate transaction is sufficient to establish written consent of the party to the transaction if the written agreement specifies in conspicuous bold or underlined print the conduct that is prohibited under Section 1101.651(d).(c)  An intermediary shall act fairly and impartially.  Appointment by a broker acting as an intermediary of an associated license holder under Section 1101.560 to communicate with, carry out the instructions of, and provide opinions and advice to the parties to whom that associated license holder is appointed is a fair and impartial act.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.560 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter L. Practice by License Holder|Section 1101.560. Associated License Holder Acting as Intermediary

Sec. 1101.560.  ASSOCIATED LICENSE HOLDER ACTING AS INTERMEDIARY.  (a)  A broker who complies with the written consent requirements of Section 1101.559 may appoint:(1)  a license holder associated with the broker to communicate with and carry out instructions of one party to a real estate transaction;  and(2)  another license holder associated with the broker to communicate with and carry out instructions of any other party to the transaction.(b)  A license holder may be appointed under this section only if:(1)  the written consent of the parties under Section 1101.559 authorizes the broker to make the appointment;  and(2)  the broker provides written notice of the appointment to all parties involved in the real estate transaction.(c)  A license holder appointed under this section may provide opinions and advice during negotiations to the party to whom the license holder is appointed.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.561 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter L. Practice by License Holder|Section 1101.561. Duties of Intermediary Prevail

Sec. 1101.561.  DUTIES OF INTERMEDIARY PREVAIL.  (a)  The duties of a license holder acting as an intermediary under this subchapter supersede the duties of a license holder established under any other law, including common law.(b)  A broker must agree to act as an intermediary under this subchapter if the broker agrees to represent in a transaction:(1)  a buyer or tenant; and(2)  a seller or landlord.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 825 (S.B. 810), Sec. 8, eff. September 1, 2005.|
TX Occ Code § 1101.601 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter M. Real Estate Recovery Trust Account|Section 1101.601. Real Estate Recovery Trust Account

Sec. 1101.601.  REAL ESTATE RECOVERY TRUST ACCOUNT.  (a)  The commission shall maintain a real estate recovery trust account to reimburse aggrieved persons who suffer actual damages caused by an act described by Section 1101.602 committed by:(1)  a license holder;(2)  a certificate holder;  or(3)  a person who does not hold a license or certificate and who is an employee or agent of a license or certificate holder.(b)  The license or certificate holder must have held the license or certificate at the time the act was committed.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.6011 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter M. Real Estate Recovery Trust Account|Section 1101.6011. Applicability to Business Entity

Sec. 1101.6011.  APPLICABILITY TO BUSINESS ENTITY.  For purposes of this subchapter, a claim against a business entity license holder is also a claim against the broker who is the business entity's designated broker.|Added by Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 59, eff. January 1, 2016.|
TX Occ Code § 1101.602 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter M. Real Estate Recovery Trust Account|Section 1101.602. Entitlement to Reimbursement

Sec. 1101.602.  ENTITLEMENT TO REIMBURSEMENT.  An aggrieved person is entitled to reimbursement from the trust account if a person described by Section 1101.601 engages in conduct that requires a license or certificate of registration under this chapter and is described by Section 1101.652(a-1)(1) or (b), if the person is a license holder, or Section 1101.653(1), (2), (3), or (4), if the person is a certificate holder.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 60, eff. January 1, 2016.|
TX Occ Code § 1101.603 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter M. Real Estate Recovery Trust Account|Section 1101.603. Payments Into Trust Account

Sec. 1101.603.  PAYMENTS INTO TRUST ACCOUNT.  (a)  In addition to other fees required by this chapter, the commission shall collect a fee of $10 to deposit to the credit of the trust account from an applicant for an original license or certificate of registration.(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016.(c)  Notwithstanding any other law, the commission shall deposit to the credit of the trust account or the real estate inspection recovery fund, as determined by the commission, an administrative penalty collected under Subchapter O for a violation by a person licensed under this chapter or Chapter 1102.(d)  Notwithstanding any other law, an administrative penalty collected under Subchapter O for a violation by a person who is not licensed under this chapter or Chapter 1102 shall be deposited to the credit of the trust account or the real estate inspection recovery fund, as determined by the commission.(e)  On a determination by the commission at any time that the balance in the trust account is less than $1 million, each license or certificate holder at the next renewal must pay, in addition to the renewal fee, an additional fee of $10.  The commission shall deposit the additional fee to the credit of the trust account.(f)  To ensure the availability of a sufficient amount to pay anticipated claims on the trust account, the commission by rule may provide for the collection of assessments at different times and under conditions other than those specified by this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.160(a), eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 61, eff. January 1, 2016.Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 92, eff. January 1, 2016.|
TX Occ Code § 1101.604 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter M. Real Estate Recovery Trust Account|Section 1101.604. Management of Trust Account

Sec. 1101.604.  MANAGEMENT OF TRUST ACCOUNT.  (a)  The commission shall hold money credited to the trust account in trust to carry out the purpose of the trust account.(b)  Money credited to the trust account may be invested in the same manner as money of the Employees Retirement System of Texas, except that an investment may not be made that would impair the liquidity necessary to make payments from the trust account as required by this subchapter.(c)  Interest from the investments shall be deposited to the credit of the trust account.(d)  If the balance in the trust account on December 31 of a year is more than the greater of $3.5 million or the total amount of claims paid from the trust account during the preceding four fiscal years, the commission shall transfer the excess amount of money in the trust account to the credit of the general revenue fund.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.605 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter M. Real Estate Recovery Trust Account|Section 1101.605. Deadline for Action; Notice to Commission

Sec. 1101.605.  DEADLINE FOR ACTION;  NOTICE TO COMMISSION.  (a)  An action for a judgment that may result in an order for payment from the trust account may not be brought after the second anniversary of the date the cause of action accrues.(b)  When an aggrieved person brings an action for a judgment that may result in an agreed judgment and order for payment from the trust account, the aggrieved person and the license or certificate holder against whom the action is brought shall notify the commission in writing before entry of the agreed judgment and deliver a copy of all petitions and pleadings and the proposed agreed judgment to the commission.  The commission will notify the parties not later than the 30th day after the date of receiving the documents if the commission intends to relitigate material and relevant issues as to the applicability of the trust account to the agreed judgment as provided by Section 1101.608.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 62, eff. January 1, 2016.|
TX Occ Code § 1101.606 (2021)
2021 Texas Statutes|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 Sales Agents|Subchapter M. Real Estate Recovery Trust Account|Section 1101.606. Claim for Payment From Trust Account

Sec. 1101.606.  CLAIM FOR PAYMENT FROM TRUST ACCOUNT.  (a)  Except as provided by Subsections (c) and (c-1), an aggrieved person who obtains a court judgment against a license or certificate holder for an act described by Section 1101.602 may, after final judgment is entered, execution returned nulla bona, and a judgment lien perfected, file a verified claim in the court that entered the judgment.(b)  After the 20th day after the date the aggrieved person gives written notice of the claim to the commission and judgment debtor, the person may apply to the court that entered the judgment for an order for payment from the trust account of the amount unpaid on the judgment.  The aggrieved person and the commission may attempt to reach a settlement of the claim before setting a hearing before the court.  If the aggrieved person does not schedule a hearing before the first anniversary of the date the application was filed, recovery is waived.(c)  If an aggrieved person is precluded by action of a bankruptcy court from executing a judgment or perfecting a judgment lien as required by Subsection (a), the person shall verify to the commission that the person has made a good faith effort to protect the judgment from being discharged in bankruptcy.(c-1)  If the judgment obtained against the license holder includes multiple defendants who are jointly and severally liable or the judgment against the license holder was severed from a suit with multiple defendants, the aggrieved person may not file a verified claim in the court that entered the judgment until the aggrieved person has obtained a judgment against all defendants and received payment from or obtained a writ of execution returned nulla bona for all defendants.(d)  The commission by rule may prescribe the actions necessary for an aggrieved person to demonstrate that the person has made a good faith effort under Subsection (c) to protect a judgment from being discharged in bankruptcy.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 23 (S.B. 862), Sec. 5, eff. May 12, 2009.Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 63, eff. January 1, 2016.|