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Leslie McIntosh
Pro Member
  • Rental Property Investor
  • 75093
10
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21
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Guidelines for owners without a RE license holding open houses in Texas?

Leslie McIntosh
Pro Member
  • Rental Property Investor
  • 75093
Posted Jun 6 2024, 09:50

What are the requirements for an owner to hold an open house in Texas?  

I have a townhouse in Spring Branch TX that we are looking to sell owner finance. I have it listed with a broker, but they refuse to hold any open houses. I have been trying to get them to let me host the open house for a couple months now, but the broker is not cooperative and will not post the open house on the MLS. They say I can do what I want on my own. My realtor in Galveston says it is no problem and owners can host their own showings without a RE license. I found this on TREC and sent to my current broker, but they still will not post open house on the MLS:

https://www.trec.texas.gov/agency-information/rules-and-laws/trec-rules

§535.4 License Required

(g) Unless otherwise exempted by §535.5 of this chapter (relating to License Not Required) and §1101.355(d) of the Act, a business entity owned by a broker or sales agent which receives compensation on behalf of the license holder must be licensed as a broker under the Act.

§535.5 License Not Required

( c ) A real estate license is not required for an individual employed by a business entity for the purpose of buying, selling, or leasing real property for the entity. An entity is considered to be an owner if it holds record title to the property or has an equitable title or right acquired by contract with the record title holder. An individual employed by a business entity means a person employed and directly compensated by the business entity. An independent contractor is not an employee.

What am I missing?   

What can I show them to get the approval to show an open house on the MLS with me hosting as the owner of the property?

Thanks!  Les

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