© 2015 oncourse learning texas real estate brokerage and law of agency, 6 th edition
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When And How An Agency Relationship Is Created Relationship between principal and agent is a fiduciary one Fiduciary relationship arises early in the transaction, when confidences are exchanged – which can occur prior to any employment contract or express agency relationship. © 2015 OnCourse LearningTRANSCRIPT
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© 2015 OnCourse Learning
Texas Real Estate Brokerageand Law of Agency, 6th Edition
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CREATION OF THE AGENCY RELATIONSHIP
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Chapter 2
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When And How An Agency Relationship Is
Created• Relationship between principal and
agent is a fiduciary one • Fiduciary relationship arises early in
the transaction, when confidences are exchanged– which can occur prior to any
employment contract or express agency relationship.
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Agency Cases:• Wilson v. Donze• Kelly v. Roussalis• Canada v. Kearns
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Agency Agreements
• Agency by Actual Authority– either expressed or implied
• Agency by Ostensible Authority• Agency by Ratification
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Special Rules For Real Estate – Licensure
• The License Act is a general law that applies to all persons who engage in real estate
• Intent is to avoid fraud on public by requiring a license of anyone who deals in real estate for others
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Broker Definition• A real estate broker is defined by the Texas Real Estate License Act as follows:–Review Section 1101.002
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“Real estate broker” means a person who, for another person and for a fee:• sells, exchanges, purchases, rents,
leases (or offers to) real estate;• negotiates or attempts to negotiate
the listing, sale, exchange, purchase, rental, or leasing of real estate;
• lists real estate for sale, rental, lease, exchange, or trade;
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Real Estate Broker, etc.
• auctions, or offers to auction, real estate;
• deals in options on real estate;• aids, attempts, or offers to aid in
locating real estate;• procures or assists in the procuring
of prospects;© 2015 OnCourse Learning
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Real Estate Broker, etc.
• procures or assists in procuring property ;
• controls the acceptance or deposit of rent;
• provides a written analysis, opinion, or conclusion relating to the estimated price of real property;
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TREC frequently revises its regulations which are
available on TREC Web site. Here are some of them:
• § 535.4 Nonresident Agents• §535.5 License Not Required
for Principal• §535.4 Managing Rentals,
Sales, for Corporations, and Negotiations
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TREC Regulations, cont’d• §535.16 Net Listings • § 535.17. Broker Price Opinion or Comparative Market Analysis
• §535.20 Valuable Consideration• §535.31 Exemptions: Attorney at Law
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TREC Regulations, cont’d• 535.32. Exemptions: Attorneys in fact
• §535.33. Public Officials• §535.34. Exemptions: Salesperson’s Employed by an Owner of Land and Structures Erected by the Owner
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Pertinent Cases of Licensure
• Collins v. Beste• Gamble v. Norton, • Friendswood Development Company
v. McDade + Company,• Warner Communications, Inc. v.
Keller • Trammel Crow Company No. 60, et al.
v. William Jefferson Harkinson,© 2015 OnCourse Learning