Section 1101.002 - Definitions In this chapter:
(1) "Broker": (A) means a person who, in exchange for a commission or other valuable consideration or with the expectation of receiving a commission or other valuable consideration, performs for another person one of the following acts:(i) sells, exchanges, purchases, or leases real estate;(ii) offers to sell, exchange, purchase, or lease real estate;(iii) negotiates or attempts to negotiate the listing, sale, exchange, purchase, or lease of real estate;(iv) lists or offers, attempts, or agrees to list real estate for sale, lease, or exchange;(v) auctions or offers, attempts, or agrees to auction real estate;(vi) deals in options on real estate, including a lease to purchase or buying, selling, or offering to buy or sell options on real estate;(vii) aids or offers or attempts to aid in locating or obtaining real estate for purchase or lease;(viii) procures or assists in procuring a prospect to effect the sale, exchange, or lease of real estate;(ix) procures or assists in procuring property to effect the sale, exchange, or lease of real estate;(x) controls the acceptance or deposit of rent from a resident of a single-family residential real property unit;(xi) provides a written analysis, opinion, or conclusion relating to the estimated price of real property if the analysis, opinion, or conclusion: (a) is not referred to as an appraisal;(b) is provided in the ordinary course of the person's business; and(c) is related to the actual or potential management, acquisition, disposition, or encumbrance of an interest in real property; or(xii) advises or offers advice to an owner of real estate concerning the negotiation or completion of a short sale; and(B) includes a person who: (i) is employed by or for an owner of real estate to sell any portion of the real estate; or(ii) engages in the business of charging an advance fee or contracting to collect a fee under a contract that requires the person primarily to promote the sale of real estate by: (a) listing the real estate in a publication primarily used for listing real estate; or(b) referring information about the real estate to brokers.(1-a) "Business entity" means a "domestic entity" or "foreign entity" as those terms are defined by Section 1.002, Business Organizations Code, that is qualified to transact business in this state.(2) "Certificate holder" means a person registered under Subchapter K.(3) "Commission" means the Texas Real Estate Commission.(3-a) "Easement or right-of-way agent" means a person who sells, buys, leases, or transfers an easement or right-of-way for another, for compensation or with the expectation of receiving compensation, for use in connection with telecommunication, utility, railroad, or pipeline service. (4) "License holder" means a broker or sales agent licensed under this chapter.(5) "Real estate" means any interest in real property, including a leasehold, located in or outside this state. The term does not include an interest given as security for the performance of an obligation.(6) "Residential rental locator" means a person who offers for consideration to locate a unit in an apartment complex for lease to a prospective tenant. The term does not include an owner who offers to locate a unit in the owner's complex.(7) "Sales agent" means a person who is sponsored by a licensed broker for the purpose of performing an act described by Subdivision (1).(8) "Subagent" means a license holder who:(A) represents a principal through cooperation with and the consent of a broker representing the principal; and(B) is not sponsored by or associated with the principal's broker.Tex. Occ. Code § 1101.002
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 871,Sec. 67, eff. 6/13/2023.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1158,Sec. 2, eff. 1/1/2016.Amended By Acts 2011, 82nd Leg., R.S., Ch. 1064, Sec. 1, eff. 9/1/2011.Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.151, eff. 9/1/2003.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. 6/1/2003.