我的客户想举办一场拍卖来出售她的房子. 既然我是有执照的2021十大正规彩票app经纪人,我能打电话拍卖吗?

No. You must be licensed as an auctioneer by the Texas Department of 许可 and Regulation to call an auction. 仅凭你的2021十大正规彩票app执照并不能授权你担任拍卖师.

我是有执照的2021十大正规彩票app销售代理, 我正在和一个客户合作,他想卖掉他的人造房屋. Do I need to be licensed by the Texas Department of Housing and Community Affairs as a manufactured-housing broker to negotiate the sale of my client's property?

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. 房子是附属于不动产的,
2. the same person is the record owner of both the manufactured home and the real property, and
3. 出售或租赁发生在单一的2021十大正规彩票app交易中.

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.

然而, 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.

我可以列出不在德克萨斯州的房产吗?

也许, 但是你必须考虑 另一个州的许可法, 德克萨斯州许可证法, and the REALTOR® 道德守则 to determine if the listing is allowed and appropriate.

第一个, 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. 例如, 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. 然而, you can cooperate and share commissions with brokers licensed in other states as long as all negotiations within Texas borders, 包括电子邮件和电话交谈, 是由德州执照持有者处理的吗.

While your Texas real estate license permits you to practice real estate while you are physically located within Texas, 不管房产在哪里,也不管你的客户住在哪里, Article 11 of the REALTOR® 道德守则 states that a broker should not perform a service or handle a transaction for which he lacks the requisite knowledge or expertise. 因此, 即使你被允许列出财产, 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, 合同, 或者结案程序. 

我的一个代理人是加州一处房产的受托人. Can he be the listing agent of that estate even though that property is in another state and he does not have a real estate license in California?

Your agent would be best served by contacting a California attorney or the California Department of Real Estate (CDRE), 这相当于我们州的德州2021十大正规彩票app委员会(TREC). Each state is responsible for determining the permissibility of an out-of-state agent listing a property for sale. 根据德州法律, 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 出售 real property in Texas. 不幸的是,德州的法律在加州毫无意义.

无牌人士可否成为物业经理?

这取决于. 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:

-使用租金支付与物业管理相关的服务
-确定租金存放在哪里
-签支票或从信托账户中取款.

除了, 只有持有执照的经纪人或销售代理人才能从事租赁活动, 比如找租客, 显示出租物业, 谈判租赁. 然而, 有些活动不需要许可证, 包括记账或安排修理. 此外,公寓园区的现场管理人员也不需要获得许可.

我的无证办公室经理能做什么工作?

没有执照的人可以培训或激励代理人, 以及处理办公室行政和人事事务. 无证人员也可以担任公司的簿记员.

然而,TREC规则535.4(d) prohibits an unlicensed person from directing or supervising agents in their work as license holders. 这意味着没有执照的人不能2021十大正规彩票app代理商帮助别人购买, 出售, 或者租赁财产. 没有执照的人不能审查合同或成为交易的一方. 

德州2021十大正规彩票app许可法案第1101条.002(1)(A)(x)禁止无牌人士, 代表他人, from controlling the acceptance or deposit of rent from a resident of a single-family residential real property unit in exchange for, 或者期望, 佣金:佣金或其他有价值的报酬. TREC规则535.第4(h)条进一步界定控制租金的接受或按存, 声明任何人如有权:必须领有牌照:

  1. 将租金用于支付与物业管理有关的服务;
  2. determine where to deposit the rent; or
  3. 在支票上签名或从信托账户中取款.

Can my unlicensed assistant unlock the door for potential buyers if I'm running late?

No. TREC规则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, 还要在房子里举办开放日活动. 像这样, an unlicensed assistant must refrain from any activity that allows the buyer to be able to view the home, 包括开门.