Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
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Tamika A. Goree
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The DFW Property Shop
Second, use of a multiple listing service (MLS) is reserved to brokers, not agents. So, in order to list the property in MLS, the "agent" must sell and all listings belong to the broker. So, if MLS is involved, then, no, the agent cannot sell without his broker.
Third, the real estate licensee must follow the rules established by his sponsoring broker for conduct of business. If the broker policy is that all sales must be done at arm's length and no agent may list his own property, then you have your answer. Ask the broker what the rules are.
Lastly, if the real estate licensee has passed through all of the above tests: disclosing, not using MLS, and no broker policy against self sales, then your question becomes, "Can a licensee sell privately to someone?" I can't find anything in TRELA that disallows it.
TRELA says if you sell or offer to sell on behalf of someone else (for compensation), then you must be licensed. To be licensed you must be sponsored by a broker. And you must follow all the brokers rules (including MLS rules). If you are offering to sell your own property (and the broker has no rules against it), how can you be restricted?
Here is 1101.004. "A person acts as a broker or salesperson under this chapter if the person, with the expectation of receiving valuable consideration, directly or indirectly performs or offers, attempts, or agrees to perform **for another person** any act described by Section 1101.002(1), as a part of a transaction or as an entire transaction."
That is corect, absolutely not. Call me or we can meet at my office to talk about referring you to the most qualified Real Estate Broker / Agent in your area. We are a member of Leading Real Estate Companies of The World (The largest Relocation Network).
Gene Platt REALTORÂ®
The answer is no. An agent in Texas cannot practice real estate without her/his broker.
Best of luck,
Susie Kay, RealtorÂ®
GRI, CHMS, SFR
United Real Estate
III Lincoln Centre, 5430 LBJ Freeway #280
Dallas, TX 78240
Servicing your real estate need is my priority!
The question I don't know - could someone work as an unlicensed agent to sell other folk's property if he did not charge for his services? I suspect that would be "yes". Why anyone might want to do that is another question.
In most if not all states a licensed agent must be supervised by a managing broker. Now, a licensed broker can be self employed and act as an agent.
If you are dealing with an agent, you may be able to google their name to see who they are licensed with or check with the state licensing board to ensure they are properly licensed.