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Tex. Occ. Code § 1101.806

LIABILITY FOR PAYMENT OF COMPENSATION OR COMMISSION

Known as the The Real Estate License Act

The act spans §§ 1101.001–1101.806 (164 sections).

Applied in 17 court decisions — leading case Scheerer v. Fisher (2010)

Most recently applied in Beatrice Zarate v. Aric Rodriguez Dba Mid-Town Realty (October 2017)

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

How often courts cite this section

20052010201730
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) This section does not:

(1) apply to an agreement to share compensation among license holders; or

(2) limit a cause of action among brokers for interference with business relationships.

(b) A person may not maintain an action to collect compensation for an act as a broker or sales agent that is performed in this state unless the person alleges and proves that the person was:

(1) a license holder at the time the act was commenced; or

(2) an attorney licensed in any state.

(c) A person may not maintain an action in this state to recover a commission for the sale or purchase of real estate unless the promise or agreement on which the action is based, or a memorandum, is in writing and signed by the party against whom the action is brought or by a person authorized by that party to sign the document.

(d) A license holder who fails to advise a buyer as provided by Section 1101.555 may not receive payment of or recover any commission agreed to be paid on the sale.

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