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Tex. Occ. Code § 1101.558

REPRESENTATION DISCLOSURE

Known as the The Real Estate License Act

The act spans §§ 1101–1101 (164 sections).

Applied in 1 court decision — leading case Brian Shanklin and Todd Rimmer v. Bassoe Offshore (USA), Inc., Mike Smith, and Jonathan Fairbanks (2013)

Most recently applied in Brian Shanklin and Todd Rimmer v. Bassoe Offshore (USA), Inc., Mike Smith, and Jonathan Fairbanks (May 2013)

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff

(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff.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;

(3) describes the basic obligations a broker has to a party to a real estate transaction that the broker does not represent; and

(4) 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(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff.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(e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff.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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.