Texas Real Estate Practice Questions
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Can an unlicensed assistant host an open house alone in Texas?
No, an unlicensed assistant may not host an open house alone in Texas.
Hosting an open house involves answering questions about the property and showcasing it, which are acts of brokerage requiring a real estate license.
TREC Rule §535.4— Permitted activities of unlicensed persons
Contracts & Agreements
4 QuestionsHow many days does a buyer have to deposit earnest money in Texas?
The earnest money and option fee must be delivered within three calendar days after contract execution.
What determines the Effective Date of a TREC promulgated contract?
The Effective Date is the date on which the last party signs the contract and communicates acceptance to the other party.
What happens if a buyer fails to deposit earnest money within the required TREC contract timeline?
If the buyer fails to deposit earnest money within 3 calendar days, the seller may terminate the contract at any time before the money is actually received.
Who owns the earnest money once it has been deposited with the escrow agent?
Once deposited, earnest money belongs to neither party; it is held in trust by the neutral escrow agent until closing or default.
Fair Housing, Ethics & Laws
5 QuestionsUnder fair housing guidelines, what constitutes the prohibited practice of steering?
Steering is the practice of directing buyers toward or away from specific neighborhoods based on their protected class status.
Under the Texas Deceptive Trade Practices Act (DTPA), what is the definition of an unconscionable action?
An unconscionable action is one that takes advantage of a consumer's lack of knowledge, ability, or experience to a grossly unfair degree.
What constitutes the illegal fair housing practice of redlining?
Redlining is the discriminatory practice by lenders of refusing to make loans in specific geographic areas based on demographics rather than qualifications.
What does the prohibited fair housing practice of blockbusting involve?
Blockbusting is panic peddling—inducing homeowners to sell their properties by claiming that a protected class is moving into the neighborhood.
What is the primary purpose of the Texas Deceptive Trade Practices Act (DTPA) in real estate?
The DTPA protects consumers against false, misleading, or deceptive business practices, unconscionable actions, and breaches of warranty.
Promulgated Contract Forms
4 QuestionsCan a sales agent change a TREC promulgated contract?
No, a sales agent may not draft custom clauses or make substantive alterations that change legal rights.
Does TREC have a promulgated Listing Agreement?
No, TREC does NOT publish or promulgate listing agreements.
How long is the standard Option Period under a TREC promulgated contract, and when does it end?
The Option Period duration is negotiable, but it strictly ends at 5:00 PM local time on the last day of the option period.
What is the penalty for the unauthorized practice of law in Texas?
The unauthorized practice of law can result in license suspension, revocation, and class A misdemeanor charges.
Property Ownership & Rights
4 QuestionsDoes Texas recognize community property for married couples?
Yes, Texas is a community property state where all property acquired during marriage is presumed to belong to both spouses.
What are the acreage limits for a homestead in Texas?
Texas homesteads are limited to 10 acres for an urban homestead, and up to 100 acres (single person) or 200 acres (family) for a rural homestead.
What is a Homestead in Texas real estate?
A homestead is an owner-occupied primary residence protected from forced sale by most general creditors.
What is the difference between an easement and an encroachment?
An easement is a legal right to use another's land, while an encroachment is an unauthorized physical intrusion.
Texas Law of Agency
6 QuestionsCan a real estate broker act as a dual agent in Texas?
No, dual agency is strictly illegal in Texas; brokers must use the statutory Intermediary Relationship instead.
What constitutes substantive dialogue for the IABS form in Texas?
Substantive dialogue is any meeting or communication involving specific real property.
What is an Intermediary Relationship in Texas real estate?
An intermediary relationship is the legal mechanism allowing a single broker to represent both buyer and seller.
What is the primary purpose of the Information About Brokerage Services (IABS) form?
The IABS form is a mandatory written disclosure that explains how real estate representation works in Texas.
When can a broker act as an Intermediary in Texas?
A broker can act as an intermediary only when they represent both parties in writing.
When must the IABS form be provided to a consumer in Texas?
The IABS form must be provided at the first substantive dialogue concerning a specific real property.
Texas License Law & TREC
15 QuestionsCan a licensed real estate sales agent be sponsored by more than one Texas broker at the same time?
No, a Texas sales agent can only be sponsored by one active licensed broker at any given time.
Can a sponsoring broker pay a referral fee directly to an unlicensed person?
No, a Texas broker is strictly prohibited from paying a referral fee or commission to any unlicensed person.
Can a Texas real estate broker pay a finder's fee or referral gift to an unlicensed person?
A broker may give a referral gift of merchandise worth up to $50, but cannot pay cash or cash equivalents to an unlicensed person.
Can a Texas real estate broker share their commission with an unlicensed person?
No, a Texas broker cannot pay a commission or referral fee to an unlicensed person for performing acts of brokerage.
Can an unlicensed assistant host an open house alone in Texas?
No, an unlicensed assistant may not host an open house alone in Texas.
How hard is the Texas State portion of the real estate exam compared to the National portion?
The Texas State portion is notoriously harder because it tests highly specific statutory rules, TRELA details, and strict timelines.
How many members compose the Texas Real Estate Commission (TREC)?
TREC consists of exactly nine members appointed by the Governor.
Is the Texas real estate exam graded as two separate tests?
Yes, the National and Texas State portions are graded and scored as two entirely separate exams.
What activities can an unlicensed real estate assistant perform in Texas?
An unlicensed assistant in Texas can perform administrative tasks such as answering phones, typing forms, and scheduling appointments, but cannot negotiate or engage in brokerage activities.
What is the passing score for the Texas real estate exam?
You must score 70% on each of the separate National and State portions independently.
What is the penalty for engaging in unlicensed real estate activity in Texas?
Engaging in unlicensed real estate activity is a Class A misdemeanor, punishable by a fine of up to $4,000 and/or up to one year in jail.
What is the purpose of the Texas Real Estate Recovery Trust Account, and what are its payment limits?
The Recovery Trust Account reimburses consumers who suffer financial losses due to illegal acts by real estate license holders, capped at $50,000 per transaction.
What is the structural difference between the National and State portions of the Texas real estate exam?
The National portion covers general real estate principles, while the State portion tests Texas-specific laws and TREC rules.
Who appoints the members of the Texas Real Estate Commission (TREC)?
The Governor of Texas appoints all nine members of TREC with the advice and consent of the State Senate.
Who has the legal right to sue a client for an unpaid real estate commission in Texas?
Only the sponsoring broker has the legal right to sue a client for a commission; sales agents cannot sue clients directly.
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