Tuesday, May 22, 2007

Can I collect a real estate commission?

In Texas, only a licensed real estate agent or a licensed attorney can collect a real estate commission. Chapter 1101 of the Texas Occupations Code specifies as follows:


§ 1101.806. LIABILITY FOR PAYMENT OF COMPENSATION OR COMMISSION.
SUBTITLE A. PROFESSIONS RELATED TO REAL ESTATE

SUBCHAPTER Q. GENERAL PROVISIONS RELATING TO LIABILITY ISSUES

(b) A person may not maintain an action to collect compensation for an act as a broker or salesperson 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.

To find out more about becoming a licensed real estate agent, check out the Occupations Code, Chapter 1101 or the Texas Real Estate Commission website.

To find out more about Peterson & Swearingen, click here.

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