§535.32, Attorneys in Fact. Use of power of attorney to represent another in a
real estate transaction without being licensed was limited to 3 transactions per calendar
§535.146, Maintaining Trust Money. A broker must provide an accounting to
each beneﬁciary of trust money at least monthly, if there has been any activity in
the account for that beneﬁciary.
The TREC Real Estate Inspector Rules require any advertisement or home inspection report to have the license holder’s name and license number. The Rules do not, however, require an inspector to have a copy of their license or identification on hand for a consumer to view (the Rules do not prohibit this, either).
The property owners protested the value of their property, and the Harris County Appraisal Review Board (ARB) lowered the value based on an unsworn statement of the owners’ agent indicating an opinion of value. The property owners timely appealed the ARB order. The appraisal district and ARB were granted a summary judgment that the owners had no standing to bring the suit and that judicial estoppel prevented the district court’s intervention. The court of appeals reversed the trial court’s judgment and remanded the case for further proceedings. The court of appeals concluded that “the Tax Code allows the Patels to appeal the order of the Review Board on their protest to the district court for review by trial de novo. The Patels have standing to appeal this order to the district court, and they have exhausted their administrative remedies. Under this court’s precedent, any statement in the Hearing Affidavit cannot be a basis for application of the judicial-estoppel doctrine in the district court, and the trial court erred in granting the Appraisal District’s summary judgment motion.”
NO LICENCE= LIABILITY UP TO THREE TIMES THE MONEY RECIEVED
Under the Real Estate License Act, Occupations Code § 1101.754, there is a private cause of action for certain violations by a broker:” A person who receives a commission or other consideration as a result of acting as a broker or salesperson without holding a license or certificate of registration under this chapter is liable to an aggrieved person for a penalty of not less than the amount of money received or more than three times the amount of money received.” The statute does not define “aggrieved person.” Courts have held, as did this one, that an aggrieved person under this Statute must have paid all or part of the fee or profit to the unlicensed broker