Can a real estate agent sell without a broker?

Asked by divadc75, Indianapolis, IN Tue Jan 15, 2013

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Tamika Goree’s answer
Tamika Goree, Agent, Arlingon, TX
Wed Mar 6, 2013
No, the agent would be required to be under a broker to sell/list any home and to have access to the MLS. Are you needing to sell your home that is located in Allen?

Make it a Great Day!

Tamika A. Goree
Broker | Owner
The DFW Property Shop
Cell: 972.697.1178
Fax: 972.665.7148
0 votes
David Philli…, Home Buyer, Leominster, MA
Thu Mar 5, 2015
More of a followup question, if a real estate agent can't sell without a broker, can you become both an agent and a broker?
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Bill Yearby, Agent, Allen, TX
Sat Apr 6, 2013
No. Every agent actually conducts all of their business through and under the broker of record.
One of the advantages of being a Broker is that you can work independently if you like.
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Pamela Morton, , Allen, TX
Wed Mar 6, 2013
No, they must work under a broker.

Pam Morton
RE/MAX Town & Country
(972) 743-6263
0 votes
T.E. & Naima…, Agent, Dallas, TX
Tue Mar 5, 2013
First, any licensee (real estate agent) must disclose his licensure in brokerage to potential buyers, and it is best to get written proof that it was disclosed prior to execution of a contract. See 1101.652(b)(16) in particular.

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."
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Dallas Texas, Agent, Dallas, TN
Wed Jan 16, 2013
Many more questions have to be answered determine any concerns.

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
Multimillion Dollar Sales Producer

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Gene Platt, Agent, West Palm Beach, FL
Wed Jan 16, 2013

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 REALTOR®
Illustrated Properties
(561) 632-5400
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Rajan Mathai, Agent, Dallas, TX
Wed Jan 16, 2013
The answer is NO. An agent should be associated with a broker to perform any buy or sell transaction
0 votes
if a salesman in texas wants to sell his home, does he has to get permission from his sponcering broker
Flag Sat Oct 26, 2013
Susie Kay, Agent, Dallas, TX
Wed Jan 16, 2013

The answer is no. An agent in Texas cannot practice real estate without her/his broker.

Best of luck,

Susie Kay, Realtor®
United Real Estate
III Lincoln Centre, 5430 LBJ Freeway #280
Dallas, TX 78240

Servicing your real estate need is my priority!
0 votes
Roland Vinya…, Agent, Sprakers, NY
Wed Jan 16, 2013
They have to be sponsored by a broker to sell anything unless it is their own property; then they are just sellers, like everyone else. In NY, you cannot get a RE license as a salesperson with broker sponsorship first.

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.
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Jim Olive, Agent, Key West, FL
Wed Jan 16, 2013
I was reading this question differently than those who've answered before me. I thought you were asking "can an agent sell his/her own home him/herself, without using another agent or broker?". If that's what you mean, it depends on the state, but for the vast majority, yes, an agent can sell his/her own house, it's just not "recommended". Best of luck...
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Denise McPet…, Agent, Allen, TX
Wed Jan 16, 2013
In Texas, all agents are required to be sponsored by a licensed broker in order to represent clients. However, someone wanting to personally purchase or sell real estate independently is not required to have a license...for example a for sale by owner property.
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Dan Tabit, Agent, Issaquah, WA
Wed Jan 16, 2013
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.
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Bruce Lynn, Agent, Coppell, TX
Tue Jan 15, 2013
Not in Texas...all salespersons must be sponsored by licensed brokers.
That's the simple answer.

Of course we could talk about all kinds of other scenarios like FSBO, inactive agents, etc.
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