Congrads on your intention to purchase Real Estate and having someone in the family to assist. Let me see if I can be of help to you.
My first question is , is your wife a Realtor or a Real Estate agent? Many people , including non NAR real estate agents think that just passing the real estate test makes you a Realtor. You must be an active member of a Real Estate Board that is a Member of NAR in order to be a Realtor.
My second question is, is her lic. active
My third question is - are you planning on purchasing a home that is listed with a local board.
The answers to this will have a lot to do with if she can or will be paid a commission.
First she must have an active lic..
Now we need to find the home, If you have another agent searching for the home you may have skipped some of the following.
If your wife is a member of the local board and the house is listed with the local board , she must call the agent or showing service) to see the home telling them up front that she represents herself and will be her own agent. - Even if she is not on the financing she is purchasing the home, you can not purchase Real Estate in Texas that does not fall under the community property laws.
If she is licensed but not a member of the local board she can then contact the listing agent/broker and tell them that she wants to view their property and represent herself. Ask what commission they pay a non board member. Get it in writting before viewing the property, TAR has a form Registertation between Brokers, if she has no Broker sge has no active lic. A Board broker does not have to pay a non board broker unless that part of listing agreement has an amount filled in . All Do not and some have a different rate. If y'all are viewing homes that are not listed with any MSL , She must still have an active lic., and make it clear at the beginning of your relationship with the other Broker. Do not assume - not all Brokers pay a Buyers agent.
If you are the only one viewing the property and she is just wanting to share in the commission.
First only contact the listing agent or Broker and disclose her position, do not ask any other agent in the office to assist you let their Broker make those arrangements. Do all the above - Say your wife is an agent and so on. Here I would definetly get an agreement in writting.
Some FSBO will pay a buyers agent but I think you are streaching that when you represent your self.
but you and she must still mention her status if she holds an active lic.. I would still mention it if the lic. is inactive just to avoid any problems in the future. This should be disclosed to the owner on first contact and first meeting.
In other words as a Texas Real Estate agent the commission and amount depends on her status.
But the one constant thing is Disclose, disclose, disclose.
It has already been mentioned that under some circumstances, such as some corporate owned or HUD homes that no party of the contract can share in the commission. She is a party of the contract because the property is community property.
I hope this helps ,