Texas Real Estate Practice Test
Texas Sales Agent Real Estate Examination – HTML (2026) covers Texas real estate practice exam for 2026 using exam-style multiple-choice questions with a “Show Answer” toggle for review. Each item includes the correct answer, a concise explanation, and official citations where applicable so you can verify the underlying Texas rule quickly. Use it to drill agency duties, contracts, finance basics, and Texas-specific practice details that tend to show up in short scenario wording.
FAQ
What should I focus on first in a Texas real estate exam study guide?
Start with the state outline, then prioritize agency relationships, contracts, fair housing, and finance basics. Practice in mixed sets so you learn how Texas exam wording tests one rule and its exception in short scenarios.
What are the Texas real estate sales agent license requirements?
Texas licensing typically requires eligibility, required pre-licensing education, passing the exam, and applying through TREC. Confirm current requirements, fees, and documentation directly with TREC before scheduling.
What topics are tested on the Texas real estate sales agent exam?
Expect ownership and transfer basics, agency duties, contracts, finance/valuation concepts, plus Texas-specific practice rules. Use explanations to identify the tested rule, then retake missed concepts later in fresh scenario wording.
Where can I take a Texas real estate practice test that matches the exam format?
Choose a practice test with realistic distractors and scenario stems. Commit to an answer, then use “Show Answer” to confirm the rule and your mistake. Retake missed topics after a short gap for real recall.
What is the most efficient way to prepare for the Texas real estate exam?
Do one pass through the outline, then practice in full mixed runs. Track misses by topic, confirm the cited rule when available, and retake later. Aim to explain why distractors fail under the rule.
Texas Sales Agent Real Estate Practice Examination
Texas Sales Agent Real Estate Practice Examination
Explanation: TREC’s mission is to protect the public by enforcing Texas real estate laws and ethical standards.
Citation: Texas Occupations Code §1101.051
Explanation: The Recovery Trust Account allows consumers to recover damages when a license holder acts dishonestly or fraudulently and other remedies are unavailable.
Citation: Texas Occupations Code §1101.603
Explanation: Acting on behalf of another for compensation in a real estate transaction requires licensure.
Citation: Texas Occupations Code §1101.002
Explanation: Brokers are required to keep transactional records for four years from the date of closing or termination.
Citation: TREC Rule §535.2(i)(2)
Explanation: License holders must notify TREC within 30 days of any felony conviction or plea of guilty/no contest.
Citation: TREC Rule §535.91(a)(2)
Explanation: The IABS form must be provided at the first substantive communication regarding a real estate transaction.
Citation: TREC Rule §531.20
Explanation: An intermediary occurs when one broker represents both sides of a transaction, under specific disclosure and consent conditions.
Citation: Texas Occupations Code §1101.559
Explanation: TREC may assess administrative penalties of up to $5,000 per day for unlicensed real estate activity.
Citation: Texas Occupations Code §1101.758
Explanation: A broker must officially sponsor a sales agent by filing with TREC and taking responsibility for the agent’s actions.
Citation: TREC Rule §535.2(a)
Explanation: Texas requires all real estate advertising to clearly identify the license holder and the sponsoring broker.
Citation: TREC Rule §535.154(c)
Explanation: A broker may act as an intermediary only with the written consent of both the buyer and seller, usually through the listing and buyer representation agreements.
Citation: Texas Occupations Code §1101.559
Explanation: Only the sponsoring broker or a designated associate broker is permitted to maintain and manage a trust account.
Citation: TREC Rule §535.146(c)
Explanation: Commingling occurs when a broker mixes client funds with business or personal funds. Client money must be kept in a separate trust account.
Citation: TREC Rule §535.146(b)(2)
Explanation: The Consumer Protection Notice (Form CN 1-5) must be made available to all clients and discloses that the licensee is regulated by TREC.
Citation: TREC Rule §531.18
Explanation: TREC may assess an administrative penalty of up to $5,000 per violation per day under the Texas Occupations Code.
Citation: Texas Occupations Code §1101.701(b)
Explanation: A license holder must obtain the written consent of the property owner before placing any sign on the property.
Citation: TREC Rule §535.154(a)(6)
Explanation: Advertising must include the name of the license holder and the name of the sponsoring broker, clearly identifying both parties.
Citation: TREC Rule §535.154(c)
Explanation: If a license holder fails to complete CE before the expiration date, the license becomes inactive and cannot be used until reinstated.
Citation: TREC Rule §535.92(f)
Explanation: Making statements designed to induce panic selling based on race is a form of blockbusting, which violates the Fair Housing Act.
Citation: 42 U.S.C. §3604(e)
Explanation: Any advertising claim must be accurate and verifiable. Claiming to be a “Top Producer” without records is considered misleading.
Citation: TREC Rule §535.155(b)(1)
Explanation: License holders must complete 18 hours of CE plus 6 hours of Legal Update (I and II) courses, totaling 24 hours.
Citation: TREC Rule §535.92(a)
Explanation: A broker must formally sponsor a sales agent by submitting a request to TREC and assuming responsibility for the agent’s conduct.
Citation: TREC Rule §535.2(a)
Explanation: License holders must notify TREC in writing within 30 days of any felony conviction, plea of guilty, or no contest.
Citation: TREC Rule §535.91(a)(2)
Explanation: A broker is responsible for the conduct of all sponsored agents and may be disciplined for failing to supervise properly.
Citation: Texas Occupations Code §1101.652(b)(1)
Explanation: The IABS form must be provided at the first substantive dialogue about a specific real estate transaction, not just a casual conversation.
Citation: TREC Rule §531.20
Explanation: Under RESPA, referral fees or kickbacks for recommending a settlement service provider are prohibited.
Citation: 12 U.S.C. §2607(a)
Explanation: Any advertisement, including those on social media, must include the name of the license holder’s sponsoring broker.
Citation: TREC Rule §535.154(d)
Explanation: Modifying contract forms in a way that changes legal rights or obligations constitutes the unauthorized practice of law.
Citation: TREC Rule §537.11(b)
Explanation: All offers must be presented to the seller, regardless of verbal instructions from the buyer’s agent to withhold.
Citation: TREC Rule §535.156(b)
Explanation: License holders may offer rebates to buyers as long as they are not tied to any unlawful activity or future performance requirements.
Citation: TREC Rule §535.147(e)
Explanation: A license holder must disclose in writing if they are a party to the transaction or have a financial interest, to avoid conflicts of interest.
Citation: TREC Rule §535.144(b)
Explanation: Promulgated forms ensure consistency and legality across transactions, protecting consumers and license holders alike.
Citation: TREC Rule §537.11(a)
Explanation: If the broker is the only person representing both parties, they may act as intermediary without appointments, with proper disclosure and consent.
Citation: Texas Occupations Code §1101.560
Explanation: Any advertisement must include the name of the sponsoring broker in a readily noticeable format.
Citation: TREC Rule §535.154(d)(1)
Explanation: Anyone negotiating real estate sales or leases for compensation must be licensed under Texas law.
Citation: Texas Occupations Code §1101.002(1)(A)
Explanation: A license holder may only receive compensation through their sponsoring broker. Receiving money from another broker directly is a violation.
Citation: Texas Occupations Code §1101.651(d)
Explanation: The Recovery Trust Account provides financial relief to clients harmed by the dishonest or negligent conduct of license holders.
Citation: Texas Occupations Code §1101.603
Explanation: TREC rules require that license holders receive the owner’s written consent before placing a sign on the property.
Citation: TREC Rule §535.154(a)(6)
Explanation: Brokers who maintain trust accounts must reconcile them monthly to ensure proper accounting of all client funds.
Citation: TREC Rule §535.146(c)(7)
Explanation: TREC‐promulgated forms are required primarily for residential sales; commercial transactions are not required to use them.
Citation: Texas Occupations Code §537.11(a)
Explanation: Waiving any contingency must be done voluntarily, knowingly, and in writing to ensure enforceability.
Citation: TREC Form 20-16, Paragraph 23
Explanation: This committee is responsible for drafting and revising forms used by license holders in real estate transactions.
Citation: Texas Occupations Code §1101.252
Explanation: License holders must disclose in writing their license status when they are a party to the transaction, to avoid misleading the other party.
Citation: TREC Rule §535.144(b)
Explanation: TREC has the authority to take disciplinary actions including suspension, revocation, and imposing fines for rule violations.
Citation: Texas Occupations Code §1101.701
Explanation: All applicants must submit fingerprints for a criminal background check through the Department of Public Safety.
Citation: Texas Occupations Code §1101.3521
Explanation: Net listings are legal in Texas but are discouraged and allowed only when the principal is fully informed of the property’s market value.
Citation: TREC Rule §535.16(d)
Explanation: License holders must avoid practicing law, including giving legal advice to any party in a transaction.
Citation: TREC Rule §531.2
Explanation: The buyer has the unrestricted right to terminate the contract within the option period as long as written notice is provided.
Citation: TREC Form 20-16, Paragraph 23
Explanation: Earnest money must be delivered to the escrow agent by the close of the second working day after execution of the contract.
Citation: TREC Rule §535.146(d)
Explanation: TREC has the authority to suspend or revoke a license for acts of fraud, dishonesty, or misrepresentation during real estate practice.
Citation: Texas Occupations Code §1101.652(b)(1)
Explanation: A license holder must obtain the written consent of the property owner before placing a sign on their property.
Citation: TREC Rule §535.155(d)(7)
Explanation: A broker acting as an intermediary without appointments must remain impartial and cannot favor one party over the other.
Citation: Texas Occupations Code §1101.559
Explanation: The Real Estate License Act (RELA) was created to safeguard the public by setting education, experience, and conduct standards for licensees.
Citation: Texas Occupations Code §1101.001
Explanation: All email communications used to advertise must identify the sender as a license holder and include the broker’s or team’s name.
Citation: TREC Rule §535.155(d)(1)
Explanation: Texas contracts require that earnest money be delivered to the escrow agent by the end of the third business day after execution.
Citation: TREC 1–4 Family Residential Contract Paragraph 5
Explanation: All prior convictions must be disclosed to TREC on the application, even if they were misdemeanors or occurred long ago.
Citation: TREC Rule §541.1
Explanation: Misrepresentation of material facts is a serious offense and can lead to civil lawsuits and disciplinary action from TREC.
Citation: Texas Business and Commerce Code §17.46 (DTPA)
Explanation: Unlicensed assistants may not interpret, explain, or negotiate contracts or terms with clients, which is considered practicing real estate.
Citation: TREC Rule §535.4(g)
Explanation: License holders must update any change of address through the TREC online system within 10 days of the change.
Citation: TREC Rule §535.91(a)(1)
Explanation: Knowingly misrepresenting the condition of a property constitutes fraud, which is grounds for disciplinary action and civil liability.
Citation: Texas Business and Commerce Code §17.46(b)(2)
Explanation: A sponsoring broker is required to maintain supervision and take corrective action if a sponsored agent violates laws or rules.
Citation: TREC Rule §535.2(i)
Explanation: TREC may impose an administrative penalty of up to $5,000 per day per violation, depending on the nature of the offense.
Citation: Texas Occupations Code §1101.701(b)
Explanation: If the license holder receives compensation or has an interest in a referred third-party service, this must be disclosed to the client in writing.
Citation: TREC Rule §535.148(b)
Explanation: Hosting open houses is a licensed activity. Allowing an unlicensed individual to conduct one is a clear violation of TREC rules.
Citation: TREC Rule §535.4(g)
Explanation: The Consumer Protection Notice must be accessible to the public in the office and posted on the license holder’s business website.
Citation: TREC Rule §531.18
Explanation: Commingling is the improper mixing of client money with personal or business funds and is a serious violation.
Citation: TREC Rule §535.146(b)(2)
Explanation: Texas does not allow dual agency. Instead, brokers may act as intermediaries with the consent of both parties.
Citation: Texas Occupations Code §1101.558
Explanation: Conversion is the use or withholding of funds that should be in trust. Failing to deposit them as required qualifies.
Citation: TREC Rule §535.146(b)(1)
Explanation: License holders may use a form prepared by a Texas attorney only if no TREC-promulgated form exists for the transaction.
Citation: TREC Rule §537.11(a)
Explanation: Failure to disclose a known material defect constitutes fraud by omission, which can result in liability under DTPA and TREC rules.
Citation: Texas Business and Commerce Code §17.46(b)(23)
Explanation: Contracts signed by minors are considered voidable. The minor may choose to honor or rescind the agreement.
Citation: Texas Contract Law (General Rule on Capacity)
Explanation: Steering is an illegal practice under the Fair Housing Act where agents influence a buyer’s location decision based on race, religion, or other protected traits.
Citation: 42 U.S.C. §3604
Explanation: Advising a client to withhold material facts like flooding is deceptive and violates both TREC ethics and the Texas Deceptive Trade Practices Act.
Citation: Texas Business and Commerce Code §17.46
Explanation: An “as is” clause offers protection only when the seller has made full disclosures and has not engaged in fraud or misrepresentation.
Citation: Prudential Insurance Co. v. Jefferson Associates, 896 S.W.2d 156 (Tex. 1995)
Explanation: Under agency law, the buyer’s agent owes fiduciary duties to the buyer, including loyalty, full disclosure, and reasonable care.
Citation: TREC Rule §531.1
Explanation: The Seller’s Disclosure Notice must include known material facts, including environmental hazards like prior hazardous waste storage.
Citation: Texas Property Code §5.008
Explanation: The seller typically pays for the owner’s title policy, though this is negotiable and can be changed in the contract.
Citation: TREC 1–4 Family Residential Contract, Paragraph 6A(1)
Explanation: Buyers have 7 days to terminate the contract after receiving the disclosure if it was not delivered before signing.
Citation: Texas Property Code §5.008(d)
Explanation: Promising investment returns without factual basis constitutes misrepresentation and may violate DTPA and TREC ethics rules.
Citation: TREC Rule §535.155(c)
Explanation: Certain types of sales, such as foreclosures and new construction homes, are exempt from the statutory disclosure requirement.
Citation: Texas Property Code §5.008(e)
Explanation: License holders are required to present all offers received to the seller as soon as possible, regardless of offer amount or conditions.
Citation: TREC Rule §535.156(b)
Explanation: Blockbusting involves persuading owners to sell based on the entry of a protected class into the neighborhood—this is illegal under fair housing laws.
Citation: 42 U.S.C. §3604(e)
Explanation: License holders should direct clients to an objective third-party source for crime data to avoid misrepresentation or steering claims.
Citation: TREC Rule §531.2
Explanation: Texas law prohibits paying referral fees to unlicensed individuals. Doing so constitutes paying for brokerage services without a license.
Citation: Texas Occupations Code §1101.651(a)
Explanation: Listings belong to the broker, not the agent. The broker must approve in writing for any transfer of listing agreements.
Citation: TREC Rule §535.2(e)
Explanation: Rebates are legal in Texas as long as they are disclosed in writing to all parties involved in the transaction.
Citation: TREC Rule §535.147(e)
Explanation: If a buyer terminates under the option period, the earnest money is typically refunded per the terms of the contract.
Citation: TREC 1–4 Family Contract, Paragraph 23
Explanation: Known material defects must be disclosed regardless of whether the buyer asks. Failure to do so may be considered misrepresentation.
Citation: Texas Property Code §5.008
Explanation: Agents should avoid subjective statements and direct clients to objective, third-party sources like the Texas Education Agency website.
Citation: TREC Rule §531.2
Explanation: Brokers are required to keep all transaction-related documents, including contracts, disclosures, and addenda, for a minimum of 3 years.
Citation: TREC Rule §535.2(g)
Explanation: Texas brokers must retain all records related to a transaction for a minimum of 3 years from the closing or termination date.
Citation: TREC Rule §535.2(g)
Explanation: Using an unregistered assumed name constitutes misleading advertising and violates TREC’s advertising rules.
Citation: TREC Rule §535.154
Explanation: A sales agent must be actively licensed and sponsored by the paying broker in order to receive a commission from that broker.
Citation: Texas Occupations Code §1101.651(d)
Explanation: The Information About Brokerage Services form must be delivered at the first substantive communication about a real estate transaction.
Citation: TREC Rule §531.20
Explanation: Providing inaccurate square footage—especially if relied on by the buyer—may constitute negligent misrepresentation and violate DTPA.
Citation: Texas Business and Commerce Code §17.46
Explanation: HUD is the primary agency that administers and enforces the Fair Housing Act and investigates complaints of housing discrimination.
Citation: 42 U.S.C. §3608
Explanation: A broker is responsible for the actions of agents they sponsor, especially those performed within the scope of real estate services.
Citation: TREC Rule §535.2(e)
Explanation: Team advertising must include the sponsoring broker’s name in a size no smaller than half the largest text in the ad.
Citation: TREC Rule §535.154(c)
Explanation: Engaging in real estate brokerage without a license is a Class A misdemeanor and may result in fines and other disciplinary actions.
Citation: Texas Occupations Code §1101.758
Explanation: Making unsolicited calls to individuals on the national Do Not Call list violates federal telemarketing laws enforced by the FTC.
Citation: 16 C.F.R. Part 310 (Telemarketing Sales Rule)
Explanation: TREC requires a broker to notify the Commission in writing before using an assumed business name in advertising or business operations.
Citation: TREC Rule §535.154(b)(1)
Explanation: License holders have a duty to disclose all known material facts to clients and customers, even if those facts negatively affect the transaction.
Citation: TREC Rule §531.2
Explanation: Any compensation from a third-party service provider, such as a warranty company, must be disclosed in writing before the transaction closes.
Citation: TREC Rule §535.148(b)
Explanation: Apartment locators receiving compensation for bringing tenants to landlords must be licensed under TREC rules.
Citation: TREC Rule §535.4(k)
Explanation: Failure to advise buyers to obtain property inspections may constitute negligence and expose the license holder to liability under the DTPA.
Citation: Texas Business and Commerce Code §17.46(b)(24)
Explanation: Trust accounts must be properly reconciled monthly by the broker. Failure to do so violates TREC’s rules and may result in disciplinary action.
Citation: TREC Rule §535.146(c)(6)
Explanation: A contract that lacks the necessary signatures is unenforceable because mutual assent has not been established.
Citation: Texas Contract Law – Statute of Frauds
Explanation: Only consumers who have obtained a court judgment for damages caused by a license holder’s fraud or misrepresentation can apply to the Recovery Trust Account.
Citation: Texas Occupations Code §1101.604
Explanation: Providing knowingly false or misleading estimates in a CMA can result in a DTPA claim and TREC disciplinary action for deception.
Citation: Texas Business and Commerce Code §17.46(b)(2)
Explanation: The Buyer Representation Agreement establishes the agency relationship between the broker and buyer and sets fiduciary obligations.
Citation: TREC Rule §535.2(a)
Explanation: To be eligible for a real estate license in Texas, an applicant must be at least 18 years old.
Citation: Texas Occupations Code §1101.354(a)(1)
Explanation: License holders may complete TREC-promulgated forms but cannot alter their wording, as that constitutes unauthorized practice of law.
Citation: TREC Rule §537.11(a)
Explanation: TREC enforces advertising rules for license holders and investigates complaints related to unethical or deceptive practices.
Citation: Texas Occupations Code §1101.204
Explanation: Before scheduling the licensing exam, applicants must complete required coursework and receive an eligibility letter from TREC.
Citation: TREC Application Process Overview
Explanation: Texas law requires sellers to disclose any known material defects that could affect a buyer’s decision to purchase the property.
Citation: Texas Property Code §5.008
Explanation: Brokers are required to implement written policies and procedures to ensure compliance by their sponsored agents. Failure may result in disciplinary action.
Citation: TREC Rule §535.2(i)
Explanation: Intermediary relationships require written consent from both parties to a transaction and must be clearly documented.
Citation: Texas Occupations Code §1101.559
Explanation: Trust accounts must be supervised by the broker and maintained with accurate records to prevent commingling or mismanagement.
Citation: TREC Rule §535.146
Explanation: Commingling occurs when a license holder mixes client funds with personal or business funds, which is a serious violation.
Citation: TREC Rule §535.146(b)(2)
Explanation: Real estate licenses in Texas expire two years after issuance. License holders must complete renewal steps and CE before expiration.
Citation: Texas Occupations Code §1101.451
Explanation: If CE requirements are not met before the expiration date, the license becomes inactive and must be reactivated with proof of CE and a late fee.
Citation: TREC Rule §535.92(f)
Explanation: Referring clients to service providers in which the license holder has a financial interest requires written disclosure under RESPA and TREC rules.
Citation: 12 U.S.C. §2607 and TREC Rule §531.20
Explanation: Unlicensed assistants may deliver paperwork or perform administrative tasks but may not negotiate or explain legal documents.
Citation: TREC Rule §535.4(g)
Explanation: The TREC Consumer Protection Notice (Form CN 1-3) must be posted in a visible location at the licensee’s office and on their business website homepage.
Citation: TREC Rule §531.18
Explanation: A consumer harmed by a misrepresentation may sue under the Texas Deceptive Trade Practices Act (DTPA) and seek damages.
Citation: Texas Business and Commerce Code §17.41 et seq.
Explanation: Even when training is delegated, the broker remains responsible and must verify that education and supervision are adequate and documented.
Citation: TREC Rule §535.2(e)
Explanation: Net listings are legal in Texas only if the seller is clearly informed of the market value and agrees to the arrangement in writing.
Citation: TREC Rule §535.16
Explanation: Legal Update I and II are mandatory CE courses focused on new laws, rules, and best practices in real estate to keep license holders informed.
Citation: TREC Rule §535.92(a)(1)
Explanation: License holders must report any felony convictions to TREC within 30 days, and TREC may initiate disciplinary action based on the offense.
Citation: TREC Rule §541.1(b)
Explanation: Discrimination on the basis of national origin violates both federal law and the Canons of Professional Ethics in Texas real estate practice.
Citation: TREC Rule §531.19
Explanation: Texas license holders may pay or receive referral fees from out-of-state brokers, as long as the non-Texas broker does not perform real estate services in Texas.
Citation: TREC Rule §535.131(a)
Explanation: Market allocation agreements between competitors, such as dividing territories, violate federal antitrust laws.
Citation: 15 U.S.C. §§ 1–7 (Sherman Act)
Explanation: The IABS form must be provided to all potential parties to a transaction during the first substantive communication regarding a specific property or real estate service.
Citation: TREC Rule §531.20(b)
Explanation: Agents must avoid giving potentially misleading information and should refer buyers to official sources for flood zone and insurance details.
Citation: TREC Rule §535.156(b)
Explanation: In an open listing, the broker is only paid if they personally produce the buyer, which offers the least protection or incentive.
Citation: TREC Guidelines on Listing Types
Explanation: Commissions may only be paid to licensed individuals or entities; paying an unlicensed person for brokerage activity is a serious violation.
Citation: Texas Occupations Code §1101.651(a)(2)
Explanation: All negotiations must occur under the supervision of or with the authority of the sponsoring broker. Agents may not operate independently.
Citation: TREC Rule §535.2(k)
Explanation: Once a contract is fully executed, changes to the terms must be documented using an amendment signed by all parties.
Citation: TREC Contract Amendments Guide
Explanation: Brokers must retain transaction files, contracts, and correspondence for at least three years from the date of closing or termination.
Citation: TREC Rule §535.2(h)
Explanation: The federal Fair Housing Act prohibits discrimination in housing based on familial status, including the presence of children under 18.
Citation: 42 U.S.C. §3604
Explanation: TREC requires license holders to report any real estate-related lawsuit against them within 30 days of notice.
Citation: TREC Rule §535.91(a)(3)
Explanation: TREC requires team names to include “team” or “group” and prohibits misleading terms like “realty” or “broker.”
Citation: TREC Rule §535.154(c)(2)(D)
Explanation: TREC mandates that the Information About Brokerage Services form be delivered at the first substantive discussion of services.
Citation: TREC Rule §531.20
Explanation: The Real Estate Settlement Procedures Act (RESPA) prohibits unearned fees or kickbacks from title companies to license holders.
Citation: 12 U.S.C. §2607(a)
Explanation: Performing real estate services for another person in exchange for compensation requires a license under Texas law.
Citation: Texas Occupations Code §1101.002(1)
Explanation: TREC rules require a timely written response to any complaint notification. Failure to respond may lead to disciplinary action.
Citation: TREC Rule §535.141(c)
Explanation: Rebates must be disclosed in writing to all parties in a transaction. Failure to do so may result in disciplinary action.
Citation: TREC Rule §535.147(e)
Explanation: Brokers are legally responsible for ensuring their sponsored agents follow the law. Lack of supervision can lead to sanctions.
Citation: TREC Rule §535.2
Explanation: The option fee secures the buyer’s right to terminate the contract during the option period for any reason.
Citation: TREC 1–4 Family Residential Contract Paragraph 23
Explanation: Conversion occurs when funds intended to be held in trust are not properly deposited or are misused.
Citation: TREC Rule §535.146(b)(1)
Explanation: Any activity involving negotiation or representation for a fee requires a license in Texas.
Citation: Texas Occupations Code §1101.002(1)
Explanation: TREC’s mission is to protect consumers by licensing and regulating real estate professionals in Texas.
Citation: Texas Occupations Code §1101.051
Explanation: Violations of advertising rules can result in significant administrative penalties up to $5,000 per day, per offense.
Citation: Texas Occupations Code §1101.701
Explanation: Conversion is the unauthorized use of client funds, which is a serious violation of TREC rules.
Citation: TREC Rule §535.146(b)(1)
Explanation: Appointments in an intermediary transaction require written consent from both buyer and seller to comply with TREC rules.
Citation: Texas Occupations Code §1101.559
Explanation: If a license is not renewed by the expiration date, it expires, and reinstatement requires fees and proof of CE completion.
Citation: TREC Rule §535.93
Explanation: Only licensed brokers or their designated associates may maintain trust or escrow accounts on behalf of clients.
Citation: TREC Rule §535.146
Explanation: Accepting referral fees is illegal unless they are properly disclosed. RESPA and TREC rules prohibit undisclosed compensation.
Citation: 12 U.S.C. §2607 (RESPA); TREC Rule §535.148(b)
Explanation: TREC allows complaints to be filed within four years from the date of the incident or discovery of the alleged violation.
Citation: TREC Rule §533.2
Explanation: The party responsible for survey costs is determined by agreement between the buyer and seller in the purchase contract.
Citation: TREC 1–4 Family Contract, Paragraph 6C(1)
Explanation: A counteroffer acts as a rejection of the original offer and initiates a new offer with different terms, shifting the power of acceptance to the other party.
Citation: Texas Contract Law Overview
Explanation: E&O insurance protects agents and brokers from liability arising from professional errors or unintentional omissions during transactions.
Citation: TREC Brokerage and Risk Management Resources
Explanation: TREC promulgates the One to Four Family Residential Contract (Resale) for use in most existing single-family property transactions in Texas.
Citation: TREC Contract Forms Library
Explanation: Texas law requires license holders to disclose known material defects, even if the seller has not disclosed them.
Citation: TREC Rule §535.156(b)
Explanation: The sponsoring broker is legally accountable for the conduct of sales agents under their license, including supervision and compliance.
Citation: TREC Rule §535.2(e)
Explanation: TREC requires the Information About Brokerage Services form be presented at the first substantive dialogue with a consumer about a specific property.
Citation: TREC Rule §531.20(b)
Explanation: Fiduciary duties include loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care toward the client.
Citation: Texas Real Estate Agency Law
Explanation: TRELA defines real estate brokerage activities and mandates licensure for anyone managing, leasing, or negotiating real estate deals for compensation.
Citation: Texas Occupations Code §1101.002(1)(A)
Explanation: Mixing client funds with the broker’s own business funds is known as commingling and is a violation of TREC rules.
Citation: TREC Rule §535.146(b)(2)
Explanation: TREC advertising rules require that a license holder include both their name and the name of their sponsoring broker or brokerage in all advertising.
Citation: TREC Rule §535.155(b)(1)
Explanation: All advertising must clearly and conspicuously include the name of the sponsoring broker, per TREC rules.
Citation: TREC Rule §535.155(b)(1)
Explanation: TREC may take disciplinary action for failure to disclose a familial or financial interest, which is a violation of fiduciary duty.
Citation: TREC Rule §535.144(a)
Explanation: Guarantees of future appreciation without basis are misrepresentations under the Deceptive Trade Practices Act (DTPA).
Citation: Texas Business and Commerce Code §17.46(b)(5)
Explanation: All assumed business names must be registered with TREC before being used in advertising or on signage.
Citation: TREC Rule §535.154(c)(2)
Explanation: An option clause gives the buyer an unrestricted right to terminate the contract during the negotiated option period.
Citation: TREC 1–4 Family Residential Contract, Paragraph 23
Explanation: Intermediary relationships require written consent from both parties for the broker to act neutrally in the transaction.
Citation: Texas Occupations Code §1101.559(b)
Explanation: Earnest money must be delivered to the escrow agent by the end of the third business day after the effective date of the contract.
Citation: TREC 1–4 Family Residential Contract, Paragraph 5
Explanation: Texas law allows intermediary with appointments, where the broker designates license holders to represent each party in the transaction.
Citation: Texas Occupations Code §1101.560
Explanation: TREC is the state agency authorized to investigate and take disciplinary action on violations of license law and rules.
Citation: Texas Occupations Code §1101.204
Explanation: An “as is” clause is enforceable only if the seller has not committed fraud, misrepresentation, or failed to disclose material defects.
Citation: Prudential Insurance Co. v. Jefferson Associates, 896 S.W.2d 156 (Tex. 1995)
Explanation: Making statements intended to induce panic selling based on the presence of protected classes is known as blockbusting, which is illegal under the Fair Housing Act.
Citation: 42 U.S.C. §3604(e)
Explanation: Failing to suggest legal counsel when appropriate may breach a license holder’s fiduciary duty to act in the best interest of the client.
Citation: TREC Rule §531.2
Explanation: License holders are required to respond to any request from the Commission within 10 days or may be subject to disciplinary action.
Citation: TREC Rule §535.91(a)(3)
Explanation: A broker may act as an intermediary and appoint associated license holders to represent each party with written consent from both parties.
Citation: Texas Occupations Code §1101.560
Explanation: Withholding known material facts is a deceptive act under the Texas Deceptive Trade Practices Act (DTPA).
Citation: Texas Business and Commerce Code §17.46
Explanation: The sponsoring broker is ultimately responsible for all advertising content distributed by sponsored license holders.
Citation: TREC Rule §535.2(i)(1)(B)
Explanation: In Texas, the statute of frauds requires that any agreement to pay commission be in writing and signed by the party to be charged.
Citation: Texas Occupations Code §1101.806
Explanation: Texas law requires the IABS form be delivered at the first substantive conversation regarding a potential real estate transaction.
Citation: TREC Rule §531.20
Explanation: The Recovery Trust Account compensates consumers who suffer monetary damages due to a license holder’s unlawful conduct when other recovery efforts fail.
Citation: Texas Occupations Code §1101.603
Explanation: Statements that are clearly subjective opinions, like “best value,” are considered puffery and not actionable misrepresentation under law.
Citation: Common Law; DTPA Precedents
Explanation: Property management agreements must be in writing and include clear terms such as termination conditions and compensation.
Citation: TREC Rule §535.2(i)(6)
Explanation: License holders should promptly notify their sponsoring broker and errors and omissions (E&O) insurance provider when sued for professional negligence.
Citation: Texas Real Estate Commission Best Practices
Explanation: The license holder must disclose that the property is already under contract and may only proceed with a backup offer if agreed upon.
Citation: TREC Rule §535.156(b)
Explanation: The fund provides financial restitution to consumers who win court judgments against license holders for fraud or misrepresentation.
Citation: Texas Occupations Code §1101.603
Explanation: The option fee is paid by the buyer to the seller for the unrestricted right to terminate the contract during a specific period.
Citation: TREC 1–4 Family Residential Contract, Paragraph 5B
Explanation: License holders owe fiduciary duties to their client and may not disclose confidential information or listings without permission.
Citation: TREC Rule §531.1(4)
Explanation: Advertising that omits the broker’s name or uses misleading content is a violation of advertising rules and grounds for discipline.
Citation: TREC Rule §535.154
Explanation: TREC has authority to discipline license holders for fraud or unethical conduct proven in civil court.
Citation: Texas Occupations Code §1101.656
Explanation: TREC requires brokers to retain records of transactions for at least four years from closing or termination.
Citation: TREC Rule §535.2(i)(2)
Explanation: Texas rules require each license holder to provide a homepage link to the IABS form in a readily noticeable place, using the prescribed labeling and minimum font sizing. The IABS notice is also tied to statutory representation disclosure requirements.
Citation: 22 TAC §531.20(b); Texas Occupations Code §1101.558
Explanation: Intermediary relationships require the broker to obtain written consent from both parties, with clear notice of the intermediary status.
Citation: Texas Occupations Code §1101.559
Explanation: TREC’s mission is to protect consumers of real estate services by ensuring qualified and ethical real estate professionals operate in the state.
Citation: TREC Mission Statement
Explanation: Receiving or expecting compensation for helping someone buy, sell, or lease real estate requires a license under Texas law.
Citation: Texas Occupations Code §1101.002(1)
Explanation: Brokers are responsible for the actions of their sponsored agents and must supervise them according to TREC rules or face penalties.
Citation: TREC Rule §535.2(g)
Explanation: The Information About Brokerage Services form must be delivered at the first substantive discussion of a real estate transaction.
Citation: TREC Rule §531.20
Explanation: Misrepresenting facts is a violation of both DTPA and TREC rules. License holders must maintain honesty and integrity at all times.
Citation: TREC Rule §531.2
Explanation: TREC may impose an administrative penalty of up to $5,000 per violation per day under the License Act.
Citation: Texas Occupations Code §1101.701(b)
Explanation: Age is not covered under the Fair Housing Act, though it may be protected under other laws such as the Equal Credit Opportunity Act.
Citation: 42 U.S.C. §3604
Explanation: License holders must notify TREC in writing within 30 days of any felony conviction or plea, per Texas rules.
Citation: TREC Rule §535.91(a)(2)
Explanation: The Texas Deceptive Trade Practices Act (DTPA) protects consumers from false, misleading, or deceptive business practices.
Citation: Texas Business and Commerce Code §17.41 et seq.
Explanation: Texas law requires sellers of single-family residential property to provide a Seller’s Disclosure Notice unless exempted. Sales between spouses or new constructions may be exempt.
Citation: Texas Property Code §5.008
Explanation: TREC may impose penalties, suspend or revoke licenses, and issue reprimands—but cannot force a license holder to pay restitution. That must be pursued through civil court.
Citation: Texas Occupations Code §1101.702
Explanation: Brokers are legally and ethically obligated to present all offers to their client promptly unless directed otherwise by the client in writing.
Citation: TREC Rule §535.156
Explanation: The Texas DTPA prohibits false, misleading, or deceptive practices in business—including real estate advertising.
Citation: Texas Business & Commerce Code §17.41 et seq.
Explanation: TREC is responsible for licensing real estate professionals and enforcing regulations to ensure compliance and protect the public.
Citation: Texas Occupations Code §1101.051
Explanation: TREC rules require that any team name includes the word “team” or “group” and must not imply the entity is a brokerage on its own.
Citation: TREC Rule §535.154(c)(3)
Explanation: Brokers must provide written policies that cover agency responsibilities, advertising standards, and proper recordkeeping procedures.
Citation: TREC Rule §535.2(i)
Explanation: In Texas, the title company or escrow officer typically initiates the title policy process once the contract is executed.
Citation: Texas Title Insurance Basic Manual – Procedural Rule P-1
Explanation: While a listing agreement may include cancellation terms, it generally requires written mutual consent to terminate early unless specific clauses provide unilateral termination rights.
Citation: Texas Real Estate Agency Guidelines
Explanation: If the buyer terminates within the option period under Paragraph 23 of the contract, they are entitled to a refund of the earnest money (though the option fee is non-refundable).
Citation: TREC One to Four Family Residential Contract – Paragraph 23
Explanation: Texas license holders must obtain written consent from the property owner before placing any signage.
Citation: TREC Rule §535.155(d)(7)
Explanation: Escrow funds can only be released without agreement if directed by a court or if the broker interpleads the funds into court.
Citation: TREC Rule §535.146(g)
Explanation: A felony conviction triggers automatic revocation or suspension of a real estate license in Texas.
Citation: Texas Occupations Code §53.021
Explanation: As of September 1, 2023, TREC requires license holders to use and display Form CN 1-5.
Citation: TREC Website — Forms Update (Sept. 2023)
Explanation: Acting as a broker or agent without a license is a Class A misdemeanor and may also incur administrative fines from TREC.
Citation: Texas Occupations Code §1101.758
Explanation: Brokers are responsible for preventing unlicensed individuals from engaging in real estate brokerage and can face disciplinary action if they enable it.
Citation: TREC Rule §535.2(e)
Explanation: Commingling occurs when a broker mixes client funds with personal or business funds, a violation of fiduciary duty.
Citation: TREC Rule §535.146(b)(2)
Explanation: Blockbusting is the illegal practice of inducing owners to sell based on the perceived entry of protected groups into a neighborhood.
Citation: 42 U.S.C. §3604(e)
Explanation: A broker maintaining a trust account must follow detailed rules, including notifying clients, proper segregation of funds, and account reconciliation.
Citation: TREC Rule §535.146
Explanation: TREC requires brokers to provide a written policies and procedures manual to guide and supervise agents.
Citation: TREC Rule §535.2(i)(3)
Explanation: Name changes must be reported to TREC by submitting the appropriate form and documentation (such as a marriage certificate).
Citation: TREC Rule §535.91(a)(1)
Explanation: License holders must provide the IABS form at the first substantive communication. Failing to do so violates disclosure requirements.
Citation: TREC Rule §531.20
Explanation: When a broker terminates sponsorship, the license of the sales agent becomes inactive until a new sponsoring broker is designated.
Citation: TREC Rule §535.121(b)
Explanation: The Real Estate Settlement Procedures Act (RESPA) prohibits kickbacks or anything of value in exchange for referrals of settlement services.
Citation: 12 U.S.C. §2607(a)
Explanation: A broker who discontinues business must inform TREC and return their license certificate to the Commission immediately.
Citation: TREC Rule §535.91(a)(4)
Explanation: License holders must include links to the Consumer Protection Notice and the IABS form in a readily noticeable location on their website.
Citation: TREC Rule §531.18
Explanation: Intermediaries must not disclose confidential information about either party unless given written consent.
Citation: Texas Occupations Code §1101.559(d)
Explanation: License holders and their brokers are responsible for ensuring that unlicensed assistants do not perform activities requiring a license.
Citation: TREC Rule §535.2(g)
Explanation: The Canons of Professional Ethics state that a real estate agent’s primary duty is to protect and promote the interests of the public.
Citation: TREC Rule §531.1
Explanation: Texas law requires written consent from all parties when a license holder is compensated by more than one party in a transaction.
Citation: Texas Occupations Code §1101.651(d)
Explanation: If CE requirements are not met before renewal, the license expires and can only be reinstated after CE completion and a fee.
Citation: TREC Rule §535.92(f)
Explanation: Earnest money must be delivered to the escrow agent by the close of business on the third business day after contract execution.
Citation: TREC 1–4 Family Contract, Paragraph 5
Explanation: Only license holders who are members of the National Association of REALTORS® (and their local board) may use the REALTOR® designation in advertising.
Citation: NAR Trademark Rules; TREC Rule §535.154(a)
Explanation: Sponsoring brokers are ultimately responsible for supervising advertising activities of their sponsored agents.
Citation: TREC Rule §535.2(e)
Explanation: License holders must promptly present all offers received to their client, regardless of price or conditions.
Citation: TREC Rule §535.156(b)
Explanation: In a net listing, the broker’s commission is the difference between the sale price and a minimum price set by the seller. It’s legal but discouraged.
Citation: TREC Rule §535.16(d)
Explanation: Discussing commission rates with competitors may constitute price-fixing and violate the Sherman Antitrust Act.
Citation: 15 U.S.C. §1
Explanation: If the buyer terminates properly within the option period, they forfeit the option fee, which the seller retains by default regardless of earnest money disposition.
Citation: TREC One to Four Family Residential Contract, Paragraph 23
Explanation: Net listings are legal in Texas but discouraged due to potential conflicts of interest and must only be used when the seller is fully informed.
Citation: TREC Rule §535.16(d)
Explanation: “REALTOR®” is a trademark of the National Association of REALTORS® and may only be used by active NAR members in good standing.
Citation: TREC Rule §535.154(b)
Explanation: Conducting real estate business without a license in Texas is a Class A misdemeanor and may also incur administrative penalties.
Citation: Texas Occupations Code §1101.758
Explanation: The maximum payment to a single judgment creditor from the Recovery Trust Account is $50,000 per transaction.
Citation: Texas Occupations Code §1101.610
Explanation: Commingling occurs when a license holder deposits client funds into a personal or business account rather than a trust or escrow account.
Citation: TREC Rule §535.146(b)(2)
Explanation: To avoid potential claims of steering or misrepresentation, license holders should refer clients to objective, third-party sources.
Citation: TREC Rule §531.2
Explanation: The option fee is paid to the seller for the right to terminate and is non-refundable regardless of whether the contract closes.
Citation: TREC 1–4 Family Residential Contract, Paragraph 23
Explanation: Texas requires 18 hours of Continuing Education, including 8 hours of Legal Updates and 3 hours of contract-related coursework.
Citation: TREC Rule §535.92(a)
Explanation: Brokers must retain records of real estate transactions for at least 3 years from the date of closing or termination.
Citation: TREC Rule §535.2(g)
Explanation: Failing to timely respond to TREC can result in disciplinary action, including suspension or revocation of a real estate license.
Citation: TREC Rule §533.2(e)
Explanation: Guaranteeing to buy a property requires full written disclosure to the seller and evidence that the license holder can financially perform the promise.
Citation: TREC Rule §535.155(d)(1)
Explanation: TREC may take disciplinary action for criminal conduct that demonstrates dishonesty or a lack of trustworthiness, even if unrelated to real estate deals.
Citation: Texas Occupations Code §1101.652(a)(2)
Explanation: Commingling occurs when a license holder mixes client funds with personal or business funds, which is prohibited.
Citation: TREC Rule §535.146(b)(2)
Explanation: Conversion involves the unauthorized use of another party’s funds, such as using escrow money for personal purposes.
Citation: TREC Rule §535.146(b)(1)
Explanation: Brokers are responsible for the supervision of their sponsored agents and may face disciplinary action for their agents’ misconduct.
Citation: TREC Rule §535.2(g)
Explanation: License holders may only receive compensation with the knowledge and approval of their sponsoring broker and through a written agreement.
Citation: Texas Occupations Code §1101.651(d)
Explanation: TREC-promulgated forms like the 1–4 Family Residential Contract must be used by license holders when applicable.
Citation: TREC Rule §537.11(a)
Explanation: If a license expires due to CE deficiencies, it can be reinstated by completing the missing education and paying the applicable fee within six months.
Citation: TREC Rule §535.92(f)
Explanation: When a license holder sells their own property, they must disclose in writing their licensed status to all parties involved in the transaction.
Citation: TREC Rule §535.144(b)
Explanation: The Broker-Lawyer Committee develops standard contract forms used by license holders in Texas.
Citation: Texas Occupations Code §1101.252
Explanation: A broker must obtain written consent from both parties before acting as an intermediary in a transaction.
Citation: Texas Occupations Code §1101.559
Explanation: Continuing representation in the face of a client’s intent to discriminate violates TREC ethics and federal law. Withdrawal is required.
Citation: TREC Rule §531.19; 42 U.S.C. §3604
Explanation: All offers must be presented to the client promptly and objectively without bias or delay, per fiduciary duty.
Citation: TREC Rule §535.156(b)
Explanation: Rebates must be disclosed to all parties. Secret gifts or payments may be considered illegal inducements or kickbacks.
Citation: TREC Rule §535.147(e)
Explanation: License holders must respond to a TREC complaint notice in writing within 14 days to avoid further disciplinary action.
Citation: TREC Rule §533.20
Explanation: License holders may not give legal advice but may advise clients to consult a lawyer when appropriate.
Citation: TREC Rule §531.2
Explanation: Negligence refers to a license holder’s failure to act with reasonable care, leading to a client or third party’s harm.
Citation: Common Law Tort Principles
Explanation: TREC is the state agency authorized by the legislature to adopt rules and enforce the Real Estate License Act.
Citation: Texas Occupations Code §1101.151
Explanation: After TREC accepts an application, the applicant has one year (12 months) to pass the licensing exam.
Citation: TREC Rule §535.54(b)
Explanation: Death of the offeror (buyer) terminates the offer before acceptance. No contract is formed.
Citation: Common Law of Contracts
Explanation: TREC requires the Consumer Protection Notice to be clearly posted on licensees’ websites. Failure to do so is a rule violation.
Citation: TREC Rule §531.18(b)
Explanation: TREC may deny licensure based on criminal history related to honesty, trustworthiness, or integrity, including prior fraud convictions.
Citation: Texas Occupations Code §53.021
Explanation: TREC requires that the broker’s name appear clearly and conspicuously in all advertisements, including team name usage on social media.
Citation: TREC Rule §535.155(b)(1)
Explanation: Waiving the option period removes the buyer’s unilateral right to terminate the contract for any reason during that time frame.
Citation: TREC Form 20-17, Paragraph 23
Explanation: Earnest money shows that the buyer is serious about the purchase and provides the seller with some assurance of commitment.
Citation: TREC Form 20-17, Paragraph 5
Explanation: If more than two years have passed since expiration, the license holder must reapply as a new applicant and retake the exam.
Citation: TREC Rule §535.93(h)
Explanation: A lot and block legal description from a recorded subdivision plat is legally recognized and highly precise for conveying real estate.
Citation: Texas Property Code §11.003
Explanation: Federal law requires that lead-based paint disclosures be provided to buyers before they become obligated under any contract for housing built before 1978.
Citation: 42 U.S.C. §4852d
Explanation: The One to Four Family Residential Contract is the central legal agreement in most resale home transactions in Texas, outlining duties of both parties.
Citation: TREC Form 20-17
Explanation: TREC requires team names to be registered through the sponsoring broker before they are used in advertising or business activity.
Citation: TREC Rule §535.154(c)
Explanation: If a website includes listings or ways to initiate contact about brokerage services, it must include a visible link to the IABS form in a readily noticeable place.
Citation: TREC Rule §531.20(b)
Explanation: License holders must not comply with or enable discriminatory practices. They must educate the client and refuse to participate in violations.
Citation: 42 U.S.C. §3604; TREC Rule §531.19
Explanation: A broker must report any change to their business address through the TREC online portal within 10 calendar days.
Citation: TREC Rule §535.91(a)(1)
Explanation: As of September 1, 2023, TREC requires the use of the updated Consumer Protection Notice Form CN 1-5.
Citation: TREC Official Forms Update (2023)
Explanation: A licensed business entity must have a designated broker. Without one, it is prohibited from practicing real estate brokerage under Texas law.
Citation: TREC Rule §535.2(k)
Explanation: TREC has the authority to suspend or revoke a license if a serious violation of the law or rules is found.
Citation: Texas Occupations Code §1101.656
Explanation: A sponsoring broker must properly supervise all sponsored agents to ensure compliance with TREC rules.
Citation: TREC Rule §535.2(e)
Explanation: License holders must disclose any ownership interest in a transaction in writing and prior to entering into a contract to avoid conflict of interest or misrepresentation.
Citation: TREC Rule §535.144(b)
Explanation: If an application is denied due to lack of honesty, trustworthiness, or integrity, the applicant must wait one year to reapply unless otherwise stated by TREC.
Citation: Texas Occupations Code §1101.364
Explanation: A sponsoring broker must notify TREC in writing immediately upon terminating the sponsorship of an agent.
Citation: TREC Rule §535.2(e)
Explanation: The Texas Real Estate Recovery Trust Account allows consumers to recover damages from licensed individuals who acted fraudulently or negligently when other remedies have failed.
Citation: Texas Occupations Code §1101.603
Explanation: The Texas Real Estate Recovery Trust Account allows consumers to recover damages from licensed individuals who acted fraudulently or negligently when other remedies have failed.
Citation: Texas Occupations Code §1101.603
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New York Real Estate Salesperson Practice Exam (HTML)
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