Texas does require anyone conducting real estate transactions in this state to be licensed. (See TX Occupations Code, Chapter 1101)
This includes property managers, brokers, leasing agents, etc...so long as they are independent contractors and NOT employees of the property owner (meaning they get a W-2 each year) and they do not live on-site.
In other words, they must handle more than one property (such as residential locators who show several apartments a day, all belonging to different owners) and do business with the general public.
Practicing real estate without a license is a criminal offense in TX - Class A Misdemeandor (see Chapters 1101.756, 1101.757 and 1101.758, TX Occupations Code).
According to the TX Occupations Code, they may also be sued civilly:
§ 1101.754. PRIVATE CAUSE OF ACTION FOR CERTAIN
VIOLATIONS BY BROKER, SALESPERSON, OR CERTIFICATE HOLDER. (a) A
person who receives a commission or other consideration as a result
of acting as a broker or salesperson without holding a license or
certificate of registration under this chapter is liable to an
aggrieved person for a penalty of not less than the amount of money
received or more than three times the amount of money received.
(b) The aggrieved person may file suit to recover a penalty
under this section.
Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003.
So - now my only question is, since this amount involves damages less than $10,000, is small claims court the best way to go?
