Licensing

No. You must be licensed as an auctioneer by the Texas Department of Licensing and Regulation to call an auction. Your real estate license alone doesn't authorize you to act as an auctioneer.

Whether you need to be licensed as a manufactured-housing broker by the TDHCA depends on the property and your recent transactions.

You can take part in the transaction without becoming licensed as a manufactured-housing broker if three criteria are met: 

1. the home is attached to the real property,
2. the same person is the record owner of both the manufactured home and the real property, and
3. the sale or lease occurs in a single real estate transaction.

There's also an exemption to the licensing requirement if those elements don't apply and you haven't negotiated any manufactured-housing transactions in the past 12 months.

However, if the above elements don't apply and you have negotiated any similar transactions in the past 12 months, you would be considered to be acting as a manufactured-housing broker by negotiating this sale and must be licensed by the TDHCA to comply with state law.

Maybe, but you must consider the licensing law of the other state, Texas licensing law, and the REALTOR® Code of Ethics to determine if the listing is allowed and appropriate.

First, you should contact the state’s real estate regulatory body to determine the restrictions on practice in that state. All states have licensing laws or regulations that restrict or prohibit the practice of real estate by people not licensed in their state. For example, TREC rules interpret The Real Estate License Act to require that out-of-state brokers be licensed in Texas if they are conducting brokerage business from another state and the property is located wholly or partly in Texas. However, you can cooperate and share commissions with brokers licensed in other states as long as all negotiations within Texas borders, including email and phone conversations, are handled by Texas license holders.

While your Texas real estate license permits you to practice real estate while you are physically located within Texas, regardless of the location of the property or your client’s residence, Article 11 of the REALTOR® Code of Ethics states that a broker should not perform a service or handle a transaction for which he lacks the requisite knowledge or expertise. Therefore, even if you are permitted to list the property, it might be better to have a broker who’s licensed in that state help you with the sale or handle the entire transaction through a referral if you aren’t familiar with that state’s laws, contracts, or closing procedures. 

Your agent would be best served by contacting a California attorney or the California Department of Real Estate (CDRE), which is equivalent to the Texas Real Estate Commission (TREC) in our state. Each state is responsible for determining the permissibility of an out-of-state agent listing a property for sale. Under Texas law, a person acting under the authority of a will or a written trust instrument does not have to obtain a Texas real estate license in order to sell real property in Texas. Unfortunately, Texas law means nothing in California.

It depends. A license is required for anyone who controls the acceptance or deposit of rent from a resident of a single-family property if the person has the authority to do any of the following:

-Use the rent to pay for services related to management of the property
-Determine where to deposit the rent
-Sign checks or withdraw money from a trust account.

In addition, only a licensed broker or sales agent may perform leasing activities, such as finding tenants, showing properties for lease, and negotiating leases. However, there are certain activities that do not require a license, including bookkeeping or arranging for repairs. Also, on-site managers of apartment complexes do not need to be licensed.

Unlicensed individuals can train or motivate agents, as well as handle office administration and personnel matters. An unlicensed person can also serve as bookkeeper for the company.

However, TREC Rule 535.4(d) prohibits an unlicensed person from directing or supervising agents in their work as license holders. This means an unlicensed person cannot advise agents about helping others buy, sell, or lease property. An unlicensed person cannot review contracts or be a party in deal-making. 

The Texas Real Estate Licensing Act Section 1101.002(1)(A)(x) prohibits an unlicensed person, on behalf of another, from controlling the acceptance or deposit of rent from a resident of a single-family residential real property unit in exchange for, or with the expectation of, a commission or other valuable consideration. TREC Rule 535.4(h) further defines controlling the acceptance or deposit of rent, stating that a person must be licensed if the person has the authority to:

1. use the rent to pay for services related to management of the property;
2. determine where to deposit the rent; or
3. sign checks or withdraw money from a trust account.

No. TREC Rule 535.4(c) states that a person must be licensed as a broker or sales agent to show a property. “Show” includes causing or permitting a property to be viewed by a prospective buyer or tenant, unlocking or providing access onto or into a property for a prospective buyer or tenant, and hosting an open house at the property. As such, an unlicensed assistant must refrain from any activity that allows the buyer to be able to view the home, which includes unlocking doors.