A person is deemed to act as a broker under the Texas Real Estate Licensing Act 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 of the following acts, as a part of a transaction or as an entire transaction:
Tex. Occ. Code §§1101.002(1) and 1101.004.
- sells, exchanges, purchases, or leases real estate;
- offers to sell, exchange, purchase, or lease real estate;
- negotiates or attempts to negotiate the listing, sale, exchange, purchase, or lease of real estate;
- lists or offers, attempts, or agrees to list real estate for sale, lease, or exchange;
- auctions or offers, attempts, or agrees to auction real estate;
- deals in options on real estate, including buying, selling, or offering to buy or sell options on real estate;
- aids or offers or attempts to aid in locating or obtaining real estate for purchase or lease;
- procures or assists in procuring a prospect to effect the sale, exchange, or lease of real estate;
- procures or assists in procuring property to effect the sale, exchange, or lease of real estate;
- controls the acceptance or deposit of rent from a resident of a single-family residential real property unit; or
- provides a written analysis, opinion, or conclusion relating to the estimated price of real property if the analysis, opinion, or conclusion: (a) is not referred to as an appraisal; (b) is provided in the ordinary course of the person’s business; and (c) is related to the actual or potential management, acquisition, disposition, or encumbrance of an interest in real property.
Tex. Occ. Code §§1101.002(1) and 1101.004.
