Home Buying in Bel Air>Question Details

Chilered, Other/Just Looking in Angleton, TX

i signed a buyer representation with an agent who's license was expired? is this legal?

Asked by Chilered, Angleton, TX Sat Mar 31, 2012

Help the community by answering this question:


Hi Shawna;
The Texas Real Estate Commission (TREC) is the state agency responsible for licensing real estate professionals in Texas. (See LINK at bottom)
TREC is there to assist and protect consumers of real estate services by requiring that all real estate brokers and salespersons meet and maintain specified levels of education to hold a license to act as a real estate agent. Agents are required to follow the provisions of the Real Estate License Act and the Rules of the Texas Real Estate Commission in all transactions and deal with the public in a competent and honest manner. The Commission also licenses real estate inspectors, residential service companies, real estate schools and registers timeshare properties.
Buyers and sellers of property should make certain that real estate professionals with whom they deal are legally qualified to offer brokerage services and are licensed by the Texas Real Estate Commission. Information on all licensees can be found by doing a Licensee Info Search, which is accessible at the top of any page of the TREC web site.
In addition, complaints may be filed through the site, and questions such as yours can be answered. Best of luck.
Deborah Bremner
The Bremner Group at Coldwell Banker
REALTOR, 00588885, ABR, CDPE, eAgent, CSP, SFR, HRC, CRE
(O) 310-571-1364 DIRECT
(D) (310) 800-2954
Accredited Buyer Representative|Certified Distressed Property Expert |Pre-Foreclosure Specialist Certified
1 vote Thank Flag Link Sat Mar 31, 2012
I know that in the state of Texas, an agent with an expired license should not be doing any real estate business. Therefore the answer to your question is no. It is not legal. CALL TREC's hot line to verify.
0 votes Thank Flag Link Thu Oct 11, 2012
What a joke. That person committed a crime. Your contract is not valid.

Find an agent based on recommendations from friends and family or hard research.

Good luck!
Web Reference: http://fredglick.com
0 votes Thank Flag Link Tue Oct 2, 2012
Well I am an inactive realtor, just inexperienced, so if TREC is out of date on this realtors license we are all in trouble. I finally received everything I wa supposed to have returned but will neve use that realtor again. Thank you.
0 votes Thank Flag Link Tue Oct 2, 2012
no. their license may be in process or the website you check may be out of date so be sure to ask them what's going on
0 votes Thank Flag Link Tue Oct 2, 2012
If the agent has an expired lic. they are not a licensed agent at this time, and should not be representing clients.

Best of Luck to you.

Kawain Payne, Realtor
0 votes Thank Flag Link Wed Sep 26, 2012
If the agent's license is expired they are not legally able to represent you, so any agrrement you made with them will be void.

Kawain Payne, Realtor
0 votes Thank Flag Link Tue Apr 3, 2012
Dear Chilered,
Walk away from this one, you need a license to contract in Real Estate.
0 votes Thank Flag Link Tue Apr 3, 2012
You may also want to reconsider using an agent that is willing to perform illegal activities on your behalf since they are not currently licensed.
This is one of the most important decisions you can make as you move forward to purchase a home so you want a Realtor who is licensed and aware of the rules in order to make sure you as their client are fully protected in this extremely sensitive and expensive transaction.
0 votes Thank Flag Link Mon Apr 2, 2012
No any contract to do anything that is not legal is null and void. If it is not legal for him to act as an agent the contract is null and void.
0 votes Thank Flag Link Mon Apr 2, 2012
It should be fairly legal as I think the agreement is with the agent's broker. It can be broken easily as the agent licence was not renewed and can't really work till it is. He therefore is probably not with the company anymore.
0 votes Thank Flag Link Sun Apr 1, 2012
I agree: it is not legal for someone to write the offer with an expired license.
But i agree with Richard, if agent works for a broker~ it requires a call to that broker.

p.s. my friend had similar situation: she sent her check to DRE to renew, but someone asked her to write an offer! she called DRE, renewed via the phone in minutes( paid by credit card) and wrote the offer.
0 votes Thank Flag Link Sat Mar 31, 2012
(Not a lawyer.) My personal take--since the agent is required to be licensed to perform the duties promised in the buyer representation agreement, they cannot perform, and therefore you cannot be held to the agreement. Even without strong cause such as this, it is generally understood that you can "fire" your agent and that terminates the agreement, if you haven't written an offer.
0 votes Thank Flag Link Sat Mar 31, 2012
Was their license expired at the time you signed? You may still have a contract between you and the agents brokerage as these agreements are the property of the broker, not the agent. The agent may just be renewing. Ask both the agent and their manging broker. Communication is the easiest answer. Good luck!
0 votes Thank Flag Link Sat Mar 31, 2012
Your contract with this agent is not valid any more.
0 votes Thank Flag Link Sat Mar 31, 2012
It's not legal. You have to sign a new representation agreement with an agent with a valid license. Otherwise, you won't be legally protected under real estate law.

0 votes Thank Flag Link Sat Mar 31, 2012
if his icence is expired, there is no a legal representation and He can no performance his job therefore is no a legal binding contract
0 votes Thank Flag Link Sat Mar 31, 2012
You may ask that agent why his/her license expired. If it's currently being renewed, and not updated on the DRE web site, just ask for proof. If there is no reasonable proof the license is being renewed, then you can inform that agent in writing that you consider the Buyer Representation Agreement void.
0 votes Thank Flag Link Sat Mar 31, 2012
Hi Shawna,

Absolutely not. I can't understand people like this.

If he/she pressures you, contact the state Real Estate Commission.

You are a buyer free agent at this point. Do your homework, there are a lot of great agents out there that can help you!

Good luck,

Web Reference: http://fredglick.com
0 votes Thank Flag Link Sat Mar 31, 2012
It would be difficult for the agent to enforce this, the broker may be able to however, if their license is active. The bigger problem then will be for the agent who is performing without a license and that can lead to charges of fraud etc....

Consult your attorney, and see if the brokers information was included in the contract.

Best of luck!
0 votes Thank Flag Link Sat Mar 31, 2012
Expired licenses are as good as not having one in the eyes of the State of Texas. The other issue you will want to be concerned with is the fact that this agent is not a "Card Carrying Realtor". Be Safe.
0 votes Thank Flag Link Sat Mar 31, 2012
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