- TREC
- The Texas Real Estate Commission — the state agency that licenses and regulates Texas brokers and sales agents under TRELA.
- TRELA
- The Texas Real Estate License Act — Chapter 1101 of the Texas Occupations Code; it creates TREC and governs real estate licensing in Texas.
- Number of TREC members
- Nine, appointed by the Governor with Senate consent — six licensed brokers and three members of the public.
- Texas qualifying education hours
- 180 hours of TREC-approved education to become a sales agent — six 30-hour courses.
- The six Texas qualifying courses
- Principles of Real Estate I, Principles of Real Estate II, Law of Agency, Law of Contracts, Promulgated Contract Forms, and Real Estate Finance (30 hours each).
- Sponsoring broker
- The licensed Texas broker who sponsors a sales agent. A sales agent's license is inactive until sponsored, and the agent may act only for and be paid by the sponsoring broker.
- Can a Texas sales agent work independently?
- No. A sales agent must be sponsored by and work under a licensed broker; the license is inactive until a broker sponsors it.
- Who may pay a Texas sales agent a commission?
- Only the agent's sponsoring broker — never a client or another broker directly.
- Information About Brokerage Services (IABS)
- TREC's mandatory written notice (TREC No. IABS 1-0) explaining a broker's possible roles, given at the first substantive communication with a party.
- When is the IABS notice due?
- At the first substantive communication with a party about a specific property or proposed transaction (TRELA Sec. 1101.558).
- When is the IABS NOT required?
- For a residential lease of one year or less with no sale contemplated, or when the party is already represented by another license holder.
- Intermediary (Texas)
- The relationship in which a BROKER represents both buyer and seller, only with each party's written consent stating who pays the broker (TRELA Sec. 1101.559).
- Does Texas allow common-law dual agency?
- No. Texas abolished dual agency; when one firm represents both sides, the broker acts as a statutory intermediary instead.
- Who can be the intermediary in Texas?
- Only the broker — never a sales agent. The broker may appoint associated license holders to advise each party.
- Appointed license holders
- Associates the intermediary broker appoints, with written consent, to communicate with and advise one party each; the broker stays neutral.
- What must an intermediary NOT do?
- Disclose one party's price or negotiating position to the other without written permission, or favor one party over the other.
- Promulgated forms
- Standard contract forms TREC adopts by rule that license holders must use for the transactions they cover.
- Most-used promulgated contract form
- The One to Four Family Residential Contract (Resale), TREC No. 20-18.
- Broker-Lawyer Committee
- The six-broker, six-attorney TREC committee that drafts and revises the promulgated contract forms (TRELA Sec. 1101.155).
- May an agent draft contract language?
- No. Agents fill in factual blanks on promulgated forms but may not draft provisions — that is the unauthorized practice of law.
- Texas continuing education (CE) requirement
- 18 hours every two-year renewal after the first: 4 hrs Legal Update I, 4 hrs Legal Update II, 3 hrs contract coursework, 7 hrs electives.
- Legal Update I & II
- The two 4-hour CE courses (8 hours total) that keep Texas license holders current on TRELA, TREC rules, and contract forms.
- May a Texas sales agent hold a trust/escrow account?
- No. Under 22 TAC 535.146, a sales agent may not maintain a trust account and must immediately deliver any money received to the sponsoring broker.
- TREC rules location
- Title 22, Part 23 of the Texas Administrative Code (22 TAC Ch. 531-543).
- Minimum age for a Texas real estate license
- 18 years old, and the applicant must meet TREC's honesty, trustworthiness, and integrity standards.
- Fitness Determination (Texas)
- A request to TREC, before applying, to decide whether a past criminal or disciplinary history would bar licensure.
- Texas license exam provider
- Pearson VUE administers the Texas sales agent licensing exam (national + state portions).
- Texas exam portions
- A national (general) portion and a Texas state-law portion, taken in one session; each is graded separately and both must be passed.
- Texas state portion size
- 40 scored state-law questions (the national portion has 85 scored questions).
- Background check for a Texas license
- Applicants must submit fingerprints for an FBI/DPS criminal background check.
- TRELA Sec. 1101.652
- Lists prohibited conduct that subjects a license holder to discipline — material misrepresentation, failing to disclose a known latent defect, commingling, and more.
- Disclosing you are a licensee buying for yourself
- A Texas license holder buying or selling for their own account must disclose in writing that they are a licensed real estate agent acting on their own behalf.
- Texas listing-agreement requirement
- A listing must be in writing and signed by the party to be charged for the broker to recover a commission (TRELA Sec. 1101.806).
- Broker (Texas) experience requirement
- To be a broker, hold an active license, gain qualifying experience (points over ~4 years), and complete 270 additional qualifying hours plus 630 total points/hours.
- Texas license renewal period
- Licenses are renewed every two years; CE must be completed before the license expires.
- Earnest-money dispute in Texas
- An escrow agent generally may not release contested earnest money without the parties' written agreement or a court order.
- Texas Recovery Trust Account
- A TREC-administered fund that may pay an aggrieved person who wins a judgment against a license holder for certain violations, up to statutory limits.
- Advertising rule (Texas)
- All advertising must include the broker's name and may not be misleading; a sales agent must advertise under the sponsoring broker's name.
- Texas team name rule
- A team name in advertising must include the broker's name (or be clearly tied to the sponsoring broker) and use words like 'team' or 'group,' not 'broker' or 'company.'
- Commingling (Texas)
- Mixing a client's money with the broker's own funds — a TRELA violation; brokers must keep client funds in a separate trust account.
- Conversion of trust funds
- Using a client's trust money for the license holder's own purposes — a serious TRELA violation, worse than commingling.
- Texas Seller's Disclosure Notice authority
- Texas Property Code Sec. 5.008 requires the seller of a single residential dwelling to give the buyer a written notice of the property's condition.
- Net listing in Texas
- Tightly restricted — a broker may use one only if it does not violate the broker's fiduciary duty and the seller sets a fixed net the broker won't manipulate.
- Procuring cause (commission)
- The agent whose actions set in motion the unbroken chain of events leading to the sale earns the commission.
- Texas Workforce Commission (real estate role)
- Administers and enforces the Texas Fair Housing Act, the state counterpart to the federal Fair Housing Act.
- TREC complaint process
- TREC investigates complaints against license holders and may discipline by reprimand, fine, probation, suspension, or revocation under TRELA.
- Buyer's agent (Texas)
- A license holder who represents the buyer; owes the buyer the fiduciary duties and must put the buyer's interests first.
- Substantive dialogue
- Communication about a specific property or a party's needs (not a mere open-house greeting) that triggers the IABS-notice requirement.
- Texas homestead protection
- The Texas Constitution (Art. XVI) protects an owner's principal residence from forced sale for most unsecured debts.
- Both-spouse signature on a Texas homestead
- Both spouses generally must sign to convey or encumber homestead property, even if only one spouse is on the title.
- TREC No. IABS 1-0
- The official form number for the Information About Brokerage Services notice.
- Reapply vs. reinstate (expired Texas license)
- A license expired up to six months may be renewed late with a fee; longer lapses may require reinstatement or reapplication.
- Texas real estate inspector regulator
- TREC also licenses and regulates Texas real estate inspectors (a separate license type).
- Designated broker (entity)
- A business entity holding a Texas broker license must designate an individual broker to act for it.
- Texas option fee
- A fee a buyer pays the seller in a TREC contract for an unrestricted right to terminate during a negotiated option period.
- Real property
- Land plus everything permanently attached to it (improvements and fixtures) and the bundle of legal rights of ownership.
- Personal property (chattel)
- Movable items not permanently affixed to land; they don't transfer with the real property unless agreed.
- Bundle of rights
- Possession, use (enjoyment), exclusion, disposition (transfer), and control — the rights of ownership.
- Fixture
- Personal property attached to real property so it becomes part of it and transfers with the land.
- MARIA test (fixtures)
- Method of attachment, Adaptability, Relationship of parties, Intention, Agreement — used to decide if an item is a fixture.
- Trade fixture
- An item a business tenant attaches for trade; it stays personal property and may be removed before the lease ends.
- Fee simple
- The most complete ownership — absolute, of unlimited duration, freely transferable by deed or will.
- Life estate
- A freehold estate lasting for a named person's lifetime; it ends at death and cannot be willed.
- Leasehold estate
- A tenant's right to possess and use property for a term without owning it.
- PETE (government powers)
- Police power, Eminent domain, Taxation, Escheat — the four powers that limit even fee-simple ownership.
- Police power
- Government regulation of land for public health, safety, and welfare — zoning and building codes — with no payment to the owner.
- Eminent domain
- Government's power to take private property for public use through condemnation, paying just compensation.
- Escheat
- Property reverts to the state when an owner dies with no will and no legal heirs.
- Easement
- A nonpossessory right to use another's land for a specific purpose, like a driveway or utility line.
- Easement appurtenant vs. in gross
- Appurtenant benefits an adjacent parcel and runs with the land; in gross benefits a person or company (e.g., a utility).
- Encroachment
- An unauthorized intrusion of an improvement onto a neighbor's land; usually found by a survey.
- Metes and bounds
- A legal description using distances (metes) and compass directions (bounds) traced back to a point of beginning.
- Section (survey)
- One square mile of land — 640 acres — and one thirty-sixth of a 6-mile-square township.
- Acre
- A land area equal to 43,560 square feet.
- Lot-and-block description
- Identifies land by reference to a recorded subdivision plat (lot, block, and subdivision).
- Variance
- A zoning exception granted for a hardship, allowing a use that otherwise violates the ordinance.
- Severalty
- Sole ownership of property by one person or entity.
- Joint tenancy
- Co-ownership with the right of survivorship; requires the four unities (time, title, interest, possession).
- Tenancy in common
- Co-ownership where each owner holds an undivided, willable share; no right of survivorship.
- Right of survivorship
- A deceased co-owner's share passes to the surviving co-owners, not to heirs.
- Community property (Texas)
- Property either spouse acquires during marriage is presumed owned equally by both spouses (Texas Family Code).
- Separate property (Texas)
- Property owned before marriage, or received during marriage by gift or inheritance.
- Is Texas a community-property state?
- Yes — one of nine; property acquired during marriage is presumed community property owned 50/50.
- Deed
- The written instrument that conveys title from the grantor (seller) to the grantee (buyer).
- General warranty deed
- Gives the most protection; the grantor warrants clear title against all defects, even those before the grantor's ownership.
- Special warranty deed
- Warrants title only against defects arising during the grantor's ownership — common in Texas commercial sales.
- Quitclaim deed
- Conveys only whatever interest the grantor has, with no warranties; used to clear a cloud on title.
- When does title transfer?
- On delivery and acceptance of the deed — not on recording. The grantee does not sign the deed.
- Recording
- Entering a deed in the county records; it gives constructive notice to the world and establishes lien priority.
- Constructive notice
- Notice the law presumes everyone has because a document is recorded or possession is visible.
- Title insurance
- A policy protecting the insured against loss from title defects that existed before the policy date.
- Chain of title
- The recorded history of ownership of a parcel from the original grant to the present owner.
- Cloud on title
- Any claim or encumbrance that impairs clear title; often removed with a quitclaim deed or suit to quiet title.
- Adverse possession
- Acquiring title by open, notorious, hostile, continuous possession for the statutory period (varies in Texas by claim type).
- Market value
- The most probable price a property should bring in a competitive open market under fair conditions — an opinion of value.
- Market value vs. market price
- Value is an opinion of the most probable price; price is the actual amount a property sold for.
- Appraisal
- An impartial, supported opinion of value by a licensed appraiser as of a specific date, following USPAP.
- Comparative market analysis (CMA)
- A licensee's estimate of value from recent comparable sales, used to price a listing — not a formal appraisal.
- Highest and best use
- The legal, physically possible, financially feasible, and most profitable use of a site — the basis of value.
- Sales comparison approach
- Compares the subject to recently sold similar properties, adjusting for differences; best for homes.
- Cost approach
- Land value plus the cost to rebuild improvements new, minus depreciation; best for new or special-use property.
- Income (capitalization) approach
- Value = net operating income ÷ capitalization rate; best for income-producing property.
- Net operating income (NOI)
- Effective gross income minus operating expenses, before any mortgage payment.
- Capitalization rate
- The rate of return on an income property: NOI ÷ value. A higher cap rate implies more risk and lower value.
- Reconciliation (appraisal)
- Weighing the three value indications into one final opinion — not simply averaging them.
- Principle of substitution
- A buyer pays no more than the cost of an equally desirable substitute property.
- Principle of conformity
- Value is maximized when a property fits its surroundings in use, size, and style.
- Progression and regression
- A modest home gains value near larger ones (progression); a fine home loses value near lesser ones (regression).
- Depreciation (appraisal)
- Loss in value from physical deterioration, functional obsolescence, or external (economic) obsolescence.
- Functional obsolescence
- A loss in value from outdated or poorly designed features (e.g., a one-car garage in a market expecting two).
- External obsolescence
- A loss in value from forces outside the property, such as a nearby nuisance or a declining economy.
- Gross rent multiplier (GRM)
- Sale price ÷ monthly (or annual) gross rent; a quick value screen for small rental properties.
- Valid contract requirements
- Mutual agreement (offer and acceptance), consideration, legal purpose, and competent parties.
- Statute of frauds
- Requires real estate contracts (and most leases over a year) to be in writing to be enforceable.
- Void vs. voidable
- Void = missing an essential element, no legal effect; voidable = valid until a party with the right (e.g., a minor) rescinds.
- Bilateral contract
- A promise for a promise — both parties are obligated (a typical purchase agreement).
- Unilateral contract
- A promise in exchange for an act; only one party is obligated until the act is performed (e.g., an open listing).
- Earnest money
- A buyer's good-faith deposit; in a TREC contract it is usually held by the title company and applied to the price at closing.
- Contingency
- A condition that must be met for a contract to become binding — financing, inspection, or appraisal.
- Specific performance
- A court remedy compelling a defaulting party to complete the contract because real estate is unique.
- Liquidated damages
- An agreed amount (often the earnest money) the parties set as the remedy for a buyer's default.
- Exclusive right-to-sell listing
- The listing broker earns the commission no matter who finds the buyer.
- Exclusive agency listing
- The broker earns the commission unless the owner finds the buyer themselves.
- Open listing
- Only the broker who actually finds the buyer earns a commission; the owner may list with several.
- Agency
- A fiduciary relationship in which an agent represents a principal in dealings with third parties.
- Fiduciary duties (OLD CAR)
- Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Reasonable care.
- Which fiduciary duty survives the relationship?
- Confidentiality — an agent must keep a client's information private even after the agency ends.
- Texas dual agency vs. intermediary
- Texas does not allow common-law dual agency; one firm representing both sides uses the broker-as-intermediary relationship instead.
- General vs. special agent
- A general agent (e.g., a property manager) handles ongoing affairs; a special agent (a listing broker) handles one transaction.
- Express vs. implied agency
- Express agency is created by a written or oral agreement; implied agency arises from the parties' conduct.
- Counteroffer effect
- A counteroffer rejects and terminates the original offer; the original cannot then be accepted.
- Assignment of a contract
- Transferring contract rights to another party; allowed unless the contract or law forbids it.
- Novation
- Substituting a new contract or party for the original, releasing the original party from the obligation.
- Option contract
- Gives a buyer the right (not the obligation) to buy within a set period for consideration (a TREC option fee).
- Listing must be in writing (Texas)
- Under TRELA Sec. 1101.806, a broker cannot recover a commission unless the agreement is in writing and signed.
- Fair Housing Act protected classes
- Race, color, religion, national origin, sex, familial status, and disability — seven federal protected classes.
- Familial status
- Protection for households with children under 18 and for pregnant persons under the Fair Housing Act.
- Steering
- Illegally guiding buyers toward or away from areas based on a protected class.
- Blockbusting
- Inducing owners to sell by claiming a protected class is moving in, to profit from turnover — illegal.
- Redlining
- A lender's illegal refusal to lend or insure in certain areas based on the area's racial or ethnic makeup.
- Reasonable accommodation
- A rule change (e.g., allowing a service animal) a housing provider must make for a person with a disability.
- Reasonable modification
- A physical change (e.g., a ramp) a person with a disability may make, usually at their own expense.
- Trust (escrow) account
- A broker's separate account holding client funds like earnest money; mixing them with the broker's funds is commingling.
- Texas sales agent and client funds
- A sales agent may not hold client funds — they must be turned over immediately to the sponsoring broker.
- Antitrust: price fixing
- Brokers agreeing to set commission rates is illegal; commission rates are always negotiable.
- Group boycott (antitrust)
- Competitors agreeing to exclude or refuse to deal with another broker — an illegal antitrust violation.
- Gross lease
- The landlord pays the property's operating expenses; the tenant pays a flat rent.
- Net lease
- The tenant pays rent plus some property expenses (taxes, insurance, or maintenance).
- Percentage lease
- Retail rent is a base amount plus a percentage of the tenant's sales.
- Lessor vs. lessee
- The lessor is the landlord (owner) granting the lease; the lessee is the tenant.
- Property management agreement
- A contract employing a broker as a general agent to manage an owner's property for a fee.
- Security deposit
- A tenant's deposit against damage or unpaid rent; Texas law governs its return and any deductions.
- Material fact
- A fact that would affect a reasonable buyer's decision to buy or the price they'd pay; it must be disclosed.
- Latent defect
- A hidden physical defect not discoverable by ordinary inspection; a known latent defect must be disclosed.
- Texas Seller's Disclosure Notice
- Required under Property Code Sec. 5.008 for a single residential dwelling; the seller discloses known condition issues.
- Who completes the Texas Seller's Disclosure?
- The seller of residential property of not more than one dwelling unit — based on the seller's actual knowledge.
- Flooding disclosure (Texas)
- The Seller's Disclosure Notice asks whether the property is in a 100-year floodplain, a flood pool, or a reservoir, and about flood history.
- Not a material fact in Texas (Sec. 5.008(c))
- A death by natural causes, suicide, or accident unrelated to the property's condition, and a prior occupant's HIV/AIDS, need not be disclosed.
- Stigmatized property
- A property psychologically impacted by an event (e.g., a crime); disclosure rules vary, and Texas limits required death disclosures.
- Lead-based paint disclosure
- For housing built before 1978, the seller/landlord must disclose known lead paint, give the EPA pamphlet, and (for sales) allow a 10-day test window.
- Title X (1992)
- The federal law behind the lead-based paint disclosure rule for pre-1978 housing.
- Radon
- An odorless, radioactive gas from soil; the second-leading cause of lung cancer, mitigated by venting.
- Asbestos
- A fibrous material in old insulation and flooring; hazardous when airborne — remove or encapsulate.
- Mold
- Grows in damp areas; may require disclosure and remediation, and can affect habitability.
- Underground storage tank (UST)
- A buried tank that can leak and contaminate soil and groundwater, creating cleanup liability.
- Caveat emptor
- 'Let the buyer beware' — the old rule, now limited by statutory disclosure laws like Texas Property Code Sec. 5.008.
- CERCLA / Superfund
- The federal law imposing liability for cleaning up hazardous-substance contamination, even on later owners.
- Wetlands
- Federally protected areas where development requires permits; affects buildability and disclosure.
- Promissory note
- The borrower's written promise to repay the debt; the deed of trust secures it.
- Deed of trust (Texas)
- Secures a Texas real estate loan; the borrower conveys the property to a trustee who can conduct a non-judicial foreclosure on default.
- Non-judicial foreclosure (Texas)
- The trustee sells the property at a public sale (usually the first Tuesday of the month) under the deed of trust's power of sale, without going to court.
- Amortization
- Repaying a loan with regular interest-and-principal payments so the balance reaches zero by the term's end.
- Loan-to-value ratio (LTV)
- Loan amount ÷ value (or price); a higher LTV means a smaller down payment and more lender risk.
- Private mortgage insurance (PMI)
- Required on a conventional loan when the LTV is above 80% (down payment under 20%).
- Conventional loan
- A loan not insured or guaranteed by the government; PMI applies when LTV tops 80%.
- FHA loan
- Insured by the Federal Housing Administration; low down payments with mortgage insurance premiums.
- VA loan
- Guaranteed by the Department of Veterans Affairs for eligible veterans; often no down payment.
- Discount points
- Prepaid interest paid at closing to lower the loan's rate; one point equals 1% of the loan amount.
- Acceleration clause
- Lets the lender demand the full loan balance immediately on default.
- Due-on-sale (alienation) clause
- Requires the loan to be paid in full when the property is sold.
- RESPA
- The Real Estate Settlement Procedures Act — requires settlement-cost disclosures and bans kickbacks for referrals.
- TILA
- The Truth in Lending Act — requires lenders to disclose the cost of credit, including the APR.
- Loan Estimate
- A standardized loan-cost disclosure due within three business days of a borrower's application.
- Closing Disclosure
- The final loan-cost form that must reach the borrower at least three business days before closing.
- Texas closings
- Typically handled by a title company that disburses funds and records the documents.
- Foreclosure
- The legal process by which a lender forces the sale of property to recover an unpaid debt.
- Equity
- The owner's value in the property — market value minus the debt secured against it.
- Acres-to-square-feet conversion
- Multiply acres by 43,560 to get square feet; divide square feet by 43,560 to get acres.
- Area of a rectangle
- Length × width; e.g., a 150 ft × 290 ft lot = 43,500 sq ft.
- Commission formula
- Commission = sale price × commission rate.
- Price for a target seller net
- Net ÷ (1 − commission rate). A $282,000 net after a 6% commission = $282,000 ÷ 0.94 = $300,000.
- Percent of profit or loss
- Gain (or loss) ÷ original cost. A $20,000 gain on a $200,000 cost is a 10% profit.
- LTV calculation
- Loan ÷ value. An 80% LTV on a $300,000 home is a $240,000 loan.
- Value (income approach) formula
- Value = net operating income ÷ capitalization rate. $90,000 NOI ÷ 0.09 = $1,000,000.
- Mill
- One-thousandth of a dollar ($0.001) of tax per dollar of assessed value; 18 mills = 0.018 = 1.8%.
- Annual property tax formula
- Assessed value × tax rate (or mills × 0.001). A $320,000 assessment at 18 mills = $5,760.
- Proration
- Splitting taxes, rent, or interest between buyer and seller by days of ownership as of the closing date.
- Banker's (statutory) year
- A 360-day year (twelve 30-day months) many proration problems use unless told otherwise.
- Section size in acres
- A section is one square mile = 640 acres; a township is 36 sections.
- Simple interest formula
- Interest = principal × rate × time. $200,000 × 0.06 × 1 year = $12,000.