Houston Chronicle Sunday

Some agents fail to follow TREC rules for intermedia­ries

- To send a question visit www.AskGeorge.net and select the “Ask A Question” button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Pr

Q: I know of some agents who do not follow the Texas Real Estate Commission rules for acting as intermedia­ries. What should I tell them that would get their attention? A: Point them in the direction of the TREC website (www.trec. texas.gov) then get them to search the TREC database for “FAQs” then Intermedia­ry, then the third answer down: “Failure of the intermedia­ry broker or the sponsored sales agents to comply with the Intermedia­ry Provisions of Texas Real Estate License Act §§ 1101.558561 may subject them to disciplina­ry sanctions by the TREC, including but not limited to, revocation, suspension, reprimand and/or an administra­tive penalty.” That definitely should gain their attention. Q: I know of a real estate salesperso­n who transacts business from her home and not from the broker’s office. I thought that salesperso­ns were required to act under the broker at all times. A: In TREC’s language, “The sponsoring broker is still responsibl­e for the sales agent’s actions, even when the sales agent does not work out of the broker’s main office. [TRELA §1101.803, Rule 535.2(a)] A sales agent may not lawfully engage in brokerage activ- ity unless the sales agent is associated with, and acting for, a sponsoring broker at all times. [TRELA §1101.351(c)]” But here is the hook: “The broker will also need to obtain a branch office license for the office location from which the sales agent transacts business. [Rule 535.112].” Q: I am the broker for a group of my agents. One of my business contacts has asked me if I can be a real estate broker for a separate entity. Do you know? A: Yes, you can be a broker and function as the designated officer for more than one company. Q:

I’ve seen signs that display the word “agent” in very small print, on the reverse side of the sign. Is that legal? A: The TREC rules state, “No. An advertisem­ent placed where it is likely to attract the attention of passing motorists or pedestrian­s must contain language that clearly and conspicuou­sly identifies the publisher as a real estate broker or agent. The Commission considers the required language to be clear and conspicuou­s if it is at least half the size of the largest contact informatio­n on the sign.”

 ??  ?? GEORGE C. STEPHENS
GEORGE C. STEPHENS
 ??  ?? CHARLES J. JACOBUS
CHARLES J. JACOBUS

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