A person commits a (criminal) offense if the person acts as a broker or salesperson without holding a license… (Texas Occupations Code, Section 1101.758)
There are six licensing needs the Texas Real Estate Commission has prescribed for one to do real estate practice. An individual has to take particular courses, have high moral character, have fingerprints on file, pass the real estate exam, get a license as an inactive real estate salesperson, and receive an active real estate license through broker sponsorship.
The first hurdle is to take and pass the real estate exam. Educational requirements must be met to qualify for the exam.
Other than traffic tickets, lack of convictions for felonies or misdemeanor reflects a person’s moral character. Advance filing may be done by individuals with convictions to determine if their records impede licensing.
To get a real estate license, applicants have to have fingerprints on file with the FBI through the Texas DPS or Department of Public Safety. The fingerprints have to be taken within a six month period from the date of inactive license application. Using the fingerprints, a criminal background check is conducted by the FBI. L-1 Identity Solutions —Enrollment Service administers the process.
An applicant must first visit https://www.trec.texas.gov/FASTPrintPass/ to get a FAST Print Pass before getting fingerprinted. L-1 Identity Solutions coordinates the process after. Some sites that administer the exam offer fingerprinting when a candidate sets an appointment in advance with the statewide L-1 Identity Solutions. If not, the applicant should schedule an appointment with L-1 Identity Solutions at the nearest location. Help can be given by the local Board of Realtors. Go to http://l1enrollment.com/locations/?st=tx for the 82 L-1 Identity Solutions fingerprinting locations. The candidate may register via phone at 1-888-467-2080 or online at https://tx.ibtfingerprint.com. There may be additional fees when the fingerprints are taken (see p. 7)
Real Estate Exam
The applicant forwards an “Application for Inactive Salesperson License” and exam fees to the commission once the educational requirements are satisfied and confirmation from the commission is received. A Candidate Information Brochure (CIB) is issued by test provider Psychological Services, Inc. (PSI) if the application is accepted. The applicant is then qualified to take the real estate exam once an additional fee is paid to PSI.
The candidate has to pass the exam within a year from the date the commission receives the inactive license application.
The candidate has to indicate any criminal conviction, not including misdemeanor traffic violations, when forwarding an “Application for Inactive Salesperson License.” A candidate may be disqualified from taking the exam as well as getting a real estate license if he or she has a serious misdemeanor violation or felony conviction. To remove any doubt, individuals with questionable records may file a “Request for Moral Character Determination” before spending time and money to satisfy the educational requirements.
Inactive Real Estate Salesperson License
An inactive real estate salesperson license is issued after an individual passes the exam and places fingerprints on file. No further application to the commission is needed for the issuance of the license.
Active Real Estate Salesperson License
The candidate looks for a sponsoring real estate broker after receiving an inactive salesperson license. A “Salesperson Sponsorship Form” is completed and submitted to the commission by the applicant and the sponsoring broker. An active real estate salesperson license is issued if the application is accepted. This entitles the licensee to practice real estate through the sponsorship or support of the broker.
Should Any Additional Education Courses Be Taken by the Sponsoring Broker?
Yes. Beginning Sept. 1, 2012, the sponsoring broker should attend, within the term of the license, a minimum of six classroom hours of commission-approved education courses on broker responsibility. The hours may be used by the broker to complete MCE requirements.
What Is the Real Estate License Act? How Is It Linked to the Texas Real Estate Commission and Acquiring a License?
The Texas Legislature passed the Real Estate License Act in 1939. At present, Texas Occupations Code Chapter 1101 contains the act. The Texas Real Estate Commission, which is in charge of the administration of real estate license rules and regulations, was created by the act. Moreover, the commission has the authority to make rules in carrying out its mission. The Texas Administrative Code Chapters 531 through 543 Title, Part 23 contains these administrative rules.
Nine real estate commissioners compose the commission. The governor appoints them with advice and consent from the Senate. The agency’s responsibilities are carried out by full-time staff under an administrator. These tasks consist of supervising the needs for acquiring, issuance as well as the renewal of real estate licenses. Furthermore, the commission manages, issues as well as renew real estate inspector, residential service companies and residential rental locators licenses.
How are inactive real estate salesperson, active real estate salesperson as well as real estate broker’s licenses different from each other?
With the exclusion of a probationary license, the commission issues three kinds of real estate licenses.
The preliminary stage in acquiring an active real estate license is the inactive real estate license. According to the commission’s rules, an applicant can complete this step without a sponsoring broker. An inactive real estate license does not entitle an individual to real estate practice.
The next phase in being able to practice real estate is having an active real estate salesperson license. This permits a holder to practice real estate with the supervision of a licensed real estate broker. During this period, the salesperson person is not allowed to accept real estate transaction fees or commission apart from the sponsoring broker.
The highest licensing status issued by the commission is a real estate broker’s license. An individual can take the real estate broker’s license exam following the maintenance of an active real estate salesperson license for the 24 of the past 36 months and completion of 60 post-secondary education semester hours in particular courses. This publication does not discuss the requirements for acquiring a real estate broker’s license. All discussion about licensing refer to either an inactive or active real estate salesperson license.
Activities That Need an Active Texas Real Estate License
Particular real estate activities done on behalf of another for an expected or actual fee, commission or other payment requires an active license. These moves include:
- Sale, exchange, purchase or lease of real estate;
- Offer to lease, purchase, exchange or sell real estate;
- Negotiation or attempt at negotiation of lease, purchase, exchange, sale or listing of real estate;
- Listing, offer, attempt or agreement to list real estate for exchange, lease or sale;
- Auction, offer, attempt or agreement to auction real estate;
- Purchase, sale or offer to purchase or sell or otherwise deal in options for real estate;
- Aid, offer or attempt to aid location or acquisition of real estate for lease or purchase;
- Procurement or assistance in procurement of properties for purpose of sale, exchange or lease of real estate;
- Sale, purchase, lease or transfer of a right-of-way or easement for pipeline service, railroad, utility or telecommunication use;
- Control of rent acceptance or deposit from single-family residential real property unit resident; or
- Provision of a conclusion, opinion or written analysis estimating real property price as long as: (1) it is not submitted as an appraisal, (2) It is given in person’s ordinary course of business, and (3) it is linked to the potential or actual encumbrance, acquisition or management of an interest in real property.
An active real estate license is required for right-of-way agents. Apart from the listed activities, an active real estate license is a must for any individual tasked to sell a part of or all parcel of land for a commission, fee, salary or other value consideration.
In addition, any individual who collects an advance fee or charges fee via contract to promote real estate sale must have an active real estate license. Promotion can be done through referral or real estate publication.
Activities and Professions Are Exempt from Active Licensing Requirement
Particular real estate activities, professions as well as people do not need an active real estate license. The exemption includes:
- An attorney at law with Texas license;
- An individual authorized by power of attorney to consummate a real estate transaction;
- A public official conducting official duties;
- An individual authorized through a Texas auctioneers license to call the sales of real estate, provided no other act of real estate salesperson or broker is done as defined by the act;
- An individual performing a real estate transaction by authority of a written trust instrument or will or via court order;
- An individual commissioned by the owner to sell structures and land on which the structures are built, given that the structures are built by the owner throughout the course of the business;
- An apartment complex on-site manager
- An employee of the owner/s who leases the improved or unimproved real estate of the owner;
- Transactions that involve cemetery lot transfer, lease or sale;
- Transactions that involve hotel or motel lease or management;
- Transactions that involve a mining or mineral interest transfer, lease or sale in real estate; or
- Real property sale via the power of sale through contract lien or deed of trust.
There are questions raised by the act regarding other particular activities or persons that are exempt or require licensing. Rules and regulations in the code were promulgated by the commission to explain a number of these issues. A summary is found in Appendix A on page 11. Anyone who wants an active real estate license may verify if an activity is part of the exemption.
What If an Unlicensed Individual Takes on an Activity That Needs an Active Real Estate License?
Civil and criminal sanctions await a person who fails to procure the needed active real estate license. A Class B misdemeanor is slapped for the first violation. Subsequent violations merit more severe penalties.
If compensation is received by the violator, a civil suit may be filed by the payer to recover an amount equal to but not greater than three times the payment. If a commission, fee or other remuneration was promised to the violator but none was received, the unlicensed person is not allowed to use the courts to recover the commission, fee or other remuneration.
Additionally, when an individual is performing or about to perform conduct in violation of the act, the commission or the county or the district attorney, by power of the attorney general, may prohibit or nullify the activity.
What Qualifications Should an Individual Have to Be Eligible for an Inactive Real Estate License?
Inactive real estate license eligibility requires an individual to be:
- At least 18 years old
- A lawfully admitted alien or a US citizen;
- A legal Texas resident;
- Able to convince the commission regarding his or her integrity, trustworthiness and honesty.
Furthermore, the education requirements should have been completed by the applicant.
The age requirement is not eliminated by changing minority status. For instance, women who are married, but younger than 18, are not considered minors in line with Texas law. However, married women still have to be 18 to be eligible for a real estate license.
Meanwhile, the qualifying exam score discussed later solely determines an applicant’s competency.
Does Military Service Affect Texas Residency Requirement?
An individual’s Texas residency status is not changed by military service. To lose Texas residency, legal residence elsewhere must be established by military personnel after leaving service.
What Specific Educational Requirements Should the Applicant Complete prior to Inactive Real Estate License Application before Sept. 1, 2012?
Each applicant should complete at least 14 semester hours equivalent to 210 post-secondary education classroom hours. Specific core real estate courses must comprise 150 classroom hours or ten of the semester hours. The remaining 60 classroom hours or four semester hours have to be in either core or related courses.
What Particular Core Courses Are Needed within the Ten Semester Hours Mandated before Sept. 1, 2012? What Particular Courses Are Required within the Remaining Four Semester Hours?
Principles of Real Estate must comprise four of the ten semester hours, Agency Law is two, Contract Law is two and any core course/s is another two. The four semester hours that remain may be in related or core courses.
What Particular Education Requirements Have to Be Completed by an Applicant Prior Inactive Real Estate License Application after Sept. 1, 2012?
Each applicant should complete at least 12 semester hours equivalent to 180 post-secondary education classroom hours, of particular core curriculum courses. Principles of Real Estate must comprise at least four of the semester hours.
Of the remaining eight semester hours, Agency Law is two, Contract Law is two, Real Estate Financing is two and Contract Forms and Addendums is another two. Detailed descriptions of the courses are on the following page. If a core course is taken more than once within any two-year term, no credit is given.
However, each applicant is required a minimum of three coursework classroom hours on community reinvestment, housing credit discrimination, and local, state and federal laws governing housing discrimination or a minimum of three classroom hours in constitutional law. Classroom hours can be integrate into core courses like the principles of real estate or in other courses.
Can the Educational Requirements Be Waived by the Commission in Particular Situations?
Yes. The education requirements may be waived by the commission when the applicant is a licensed Texas salesperson or broker within six months prior to the date of application. Nonetheless if the applicant has a previous salesperson license instead of a broker’s, he or she has to show proof of completion of the coursework that would have been needed had the license been maintained without interruption by the salesperson within the same period.
How Are Classroom Hours and Semester Hours Interrelated?
15 classroom hours is equal to one semester hour. Completing 45 classroom hours is equal to a three-hour semester.
What If the University or College Is on a Quarter Basis instead of a Semester? How Are Classroom Hours and Quarter Hours Interrelated?
Ten classroom hours is equal to one quarter hour. 30 classroom hours is equivalent to a three-hour course under the quarter system. A classroom hour system is applied for most college-level and proprietary schools continuing education courses. Applicants have to pinpoint whether a course is stated in quarter hours, semester hours or classroom hours and adapt them to a common unit. Quarter hours, semester hours, and classroom hours in any combination is accepted as long as they adhere to commission requirements. When doing analysis of educational requirements, all completed coursework are reduced by the commission to equivalent classroom hours.
According to the Act, What Courses Are Regarded as Core Curriculum or Core Real Estate Courses?
Core courses needed to get a real estate license consist of, but are not restricted to, the following:
- Principles of real estate incorporates an a synopsis of real estate salesperson or broker licensing; ethics of license holder practice; conveyance of and titles to real estate; liens, deeds and encumbrances; legal descriptions; distinctions between real and personal property; finance and regulations; contracts; real estate mathematics; and closing procedures. A minimum of three classroom hours should be allotted for community reinvestment, housing credit discrimination, and local, state and federal laws linked to housing discrimination.
- Agency law incorporates relationships between agent and principal, authority of agent, the termination of the authority of the agent, fiduciary as well as other responsibilities of the agent, deceptive trade practices, employment law, the disclosure of agency and buying or listing representation procedures
- Contract law incorporates the statutes of frauds, contract elements, offer and acceptance, remedies for breach together with particular performance, commission rules linked to adopted forms use, unauthorized law practice, and requirements for owner disclosure
- Real estate appraisal incorporates an appraisal’s main purposes as well as functions; social as well as economic determinants of real estate value; income, cost and market data approaches to real estate value estimates; appraisal case studies; reporting; and final correlations
- Real estate law incorporates real estate legal concepts, land description, estates in land and real property rights, evidence of titles, recording procedures, foreclosures, encumbrances, contracts and conveyances.
- Real estate finance incorporates primary as well as secondary market; monetary systems; mortgage loans sources; loan procedures, processes and applications; federal government programs; alternative financial instruments; closing costs; state housing agencies; laws on community reinvestment; and laws on equal credit opportunity.
- Real estate marketing incorporates real estate ethics and professionalism; time management; characteristics of successful salespersons; listing procedures; psychology of marketing; negotiating and closing; the Deceptive Trade Practices Consumer Protection Act, Chapter 17, Business and Commerce Code; and advertising
- Real estate mathematics incorporates review of mathematical logic and basic arithmetic skills, interest, percentages, depreciation, time-value of money, proration, closing statements estimation and amortization.
- Real estate brokerage incorporates planning and organization; agency law; operational procedures and policies; personnel recruitment, selection and training; expansion criteria and analysis of real estate firm; and records and control.
- Property management incorporates landlord policies, property manager role, leases, operational guidelines, tenant relations, lease negotiation, habitability laws, maintenance, the Fair Housing Act and reports.
- Real estate investment incorporates characteristics of real estate investment, investment analysis techniques, discounted as well as non-discounted investment criteria, time value of money, tax shelters, applications to property tax, depreciation, and leverage.
The title, as well as content of other real estate core courses, may be established by the commission.
What other core real estate courses have the commission added in the code?
Apart from the core courses contained in the act, the following has been added by the commission
- Promulgated contract forms incorporates, but is not restricted to, broker-lawyer committee, unauthorized practice of law, commission rules on the use of forms, case studies on the use of forms, current promulgated forms. (After Sept. 1, 2012, this subject matter should be taken for thirty classroom hours.)
- Residential inspection for real estate agents incorporates, but is not restricted to, inspector and client agreement; property condition addendum; electromechanical systems (energy-saving considerations, appliances, air conditioning, heating, plumbing); tools and procedures; and structures (insect storage and damage areas, doors and windows, walls, paved areas, gutters, chimney, roofs, lot and landscape).
All or some of the licensing requirements including education requirements may be waived by the commission if the candidate has been licensed within the last six months.
For Licensing Purposes, What Courses Are Regarded as Non-core Curriculum or Related Courses according to the Commission?
The commission has the discretion of designating non-core or related courses. Visit the commission’s website at www.trec.state.tx.us/education/related.asp for a list of related course topics.
This is comprised of 31 general categories with a maximum of 22 subtopics under each. The categories consist of speech, sociology/anthropology, science, real estate, psychology, philosophy, petroleum and management, mathematics, marketing, management, law, journalism, investments, insurance, home economics, history, government/political science, geology/geography, finance, English, education, economics, construction, computer, civil engineering, general business, banking, architecture, agriculture, advertising, and accounting.
Other courses can be proposed for consideration. The proposal must have the official catalog description taken straight from the college catalog. The attachment can be clipped or reproduced.
Educational requirements are satisfied based on the successful completion of acceptable subjects and not the degrees earned.
What Other Education Requirement Rules Must Applicant Keep in Mind for Core Courses?
Before an applicant can earn credit, a core course must be approved by the commission.
- A course presentation in excess of ten classroom hours a calendar day will be rejected.
- A classroom course given by a proprietary school, college or university should have a final evaluation or final course examination.
- A course may not dwell primarily on procedures or techniques used by a specific organization or brokerage.
- Chapter 22, Section 535.71 (r) code requirements must be met by any related course taken for credit through an alternative delivery method. Chapter 22, Section 535.62 (d) (6) requirements must be met by a core course taken through an alternative delivery method. In part, the course must be certified by a commission-acceptable distance learning certification center.
- No more than one course with same title and level, or content and level may be accepted by the commission if repeated within three years. TREC may give related course credit the second time if the course is taken more than once within a two-year timeframe. Nonetheless of the subject matter of the course has been significantly changed with the two years, core credit may be given for the repeat.
- As mandated by the rules of the commission or the provider, the student must be in the classroom for hours of complete makeups or credit granted, except for correspondence courses as well as courses using an alternative delivery method like a computer.
- For correspondence courses given by an accredited university or college, a proctored final exam must be passed by the student. The student must be positively identified and the exam graded by the instructor. The instructor or provider must approve the answer keys if the exam is graded mechanically or by a computer.
- Classroom courses should be taught in an area conducive for learning. The workspace must be separate from work areas like assembly halls, conference rooms or training rooms.
- Course descriptions, outlines as well as syllabi may be required by the commission when evaluating courses for educational requirements. Official transcripts may be needed to validate coursework.
Where Can Real Estate Education Courses Be Taken?
Proprietary real estate schools, universities and various junior and community colleges offer pre-license, post-license as well as correspondence courses according to the commission’s guidelines. Courses that adhere to the commission’s requirements may also be offered by Local Boards and Association of Realtors. However, commission approval must first be obtained by the board or association to offer the course as an accredited provider or school.
For Educational Credit, What Educational Sources Does the Commission Evaluate?
Courses should be completed at one of the types of schools below to be acceptable:
- regional accrediting body-approved college or university,
- commission-approved proprietary real estate school or professional trade association,
- for GRI courses, state Associations of Realtors, or
- other licensing agency, government entity or military (courses individually reviewed for acceptance).
How will a candidate know that he or she has met the education requirements?
Before Jan. 1, 2010, all transcripts as well as other course completion certifications had to be submitted by a candidate to the commission for review. This was needed prior to filing an inactive salesperson license application. This has been changed.
Certifications and transcripts are now incorporated in the inactive salesperson license application.
Nonetheless, if more than the needed number has been completed from various accredited institutions, the candidate may want to limit the number of core courses utilized for pre-licensing credit. The hours can be saved as well applied for real estate license renewal.
What needs to be done to get an inactive Texas real estate license?
The candidate should file the Application for an Inactive Salesperson License (TREC Form ISL-1) once the general qualifications, which include educational requirements, have been met. The form can be accessed from the commission’s website or reproduce the copy in Appendix B.
Beginning Dec. 1, 2011, e-mail address, telephone number, as well as current mailing address, must be provided in the application. While the application is pending, the commission must be notified of any change in the said information.
A list of criminal offenses (felonies as well as misdemeanors, except traffic violations), employment history for the last five years, and driver’s license number should also be provided before Dec. 1, 2011. If the application is tendered after Sept. 1, 1995, the Social Security number of the applicant is needed but is kept confidential. Social Security numbers are not kept confidential for applications submitted before Sept. 1, 1995. All other info contained in the form may become public record.
For reasons discussed the following section, a candidate with criminal records (felony as well as misdemeanor convictions apart from traffic violations) may want to file a Request for Moral Character Determination (TREC Form MCD-5) (Appendix D) before filing an inactive license application.
Upon the submission and signing of the application form, the commission is authorized to investigate any info deemed necessary. To verify the criminal record of the candidate, the DPS is contacted. To confirm if a student loan is in default, the Texas Guaranteed Student Loan Corporation (TGSLC) is contacted. When a licensee defaults on a TGSLC-guaranteed student loan, state law prohibits the renewal of license more than once. The Attorney General’s Office may also be contacted by the commission with regard to unpaid child support. If the individual is delinquent in paying child support, Issuance of real estate license can be done, but not the renewal.
What is required by the act and the code with regard to the moral character as well as the criminal history of a candidate?
A felony or serious misdemeanor convict may be ineligible for a real estate license. Prior to the filing of any other paperwork with the commission, the act provides for a determination of moral character. A $25 filing fee is required for the Request for Moral Character form (Appendix D). The form need not be filed if there is no criminal record.
A candidate is not barred from acquiring a real estate license by bankruptcy proceedings, civil judgments or criminal convictions. Nonetheless, bad moral character according to the facts may cause the commission’s disapproval. In general, the integrity, trustworthiness, and honesty of the applicant are not considered by the commission until all licensing requirements have been met, which includes passing the exam. For individuals concerned with this issue, form pre-filing is recommended.
Candidates are required by the commission to indicate criminal convictions, except misdemeanor traffic violations. Nolo contendere (no contest) or guilty pleas to a felony are included. In addition, regardless of whether community supervision or probation has been granted after the suspension or conviction, the candidate should indicate if the time for appeal has passed or the conviction or judgment has been asserted on appeal.
The commission checks the veracity of the candidate’s disclosure with the DPS. Denial of license may ensue for nondisclosure of a serious misdemeanor or felony.
Based on adopted guidelines, provisional moral character determination may be issued by the commission.
Beginning Jan. 1, 2008, additional requirement on criminal history must be met by applicants. The DPS must be provided with a complete, readable set of fingerprints. The prints should be taken at a commission-approved location and must follow the required format by the FBI. At present, there are around 82 locations statewide. Prints should be taken within six months of the date of inactive license application. The fingerprints are used by the DPS and the FBI to verify the criminal history of an applicant.
The fingerprints should be given in a commission-provided form. The procedure and form are tackled earlier in this article. The DPS may collect an additional fee for taking the prints.
Why is an application rejected?
An application is rejected because:
- no filing fee is included,
- a wrong filing fee is included,
- the application is tendered in pencil,
- the applicant is not a US citizen or a lawfully admitted alien,
- the applicant is younger than 18 years old or
- the applicant is not a Texas resident.
In keeping with instructions on the form, the applicant should make sure that:
- information is typewritten or printed in ink,
- all needed information is given,
- all queries have been answered,
- needed signatures as well as signing dates are present
- there is an attached money order or single check per application payable to the commission for particular fees. A check cannot be used for more than one application.
Incomplete applications will not be returned. The additional information is requested by a follow-up letter.
When is an application processing or evaluation stopped by the commission?
An application is voided and not processed further if the candidate does not:
- pass the real estate exam within a year from date of application,
- tender the needed fee within 60 days following the commission’s written request or
- provide documentation or information within 60 days following the commission’s written request.
What is the cost for application? What other fees should be paid with the application?
$127 should be paid for an application. In addition, a $10 Texas Recovery Fund and a $20 processing fee must be paid. Fees are non-refundable.
What is next after the application is completed and submitted to the commission?
The application is reviewed by the commission and is either rejected or accepted. If accepted, Psychological Services Inc. (PSI), the test provider, mails the applicant a Candidate Information Brochure (CIB). The candidate is given one year from the time of receipt of the application to take and pass the real estate license exam.
The one year is calculated upon the receipt of the application by the commission, not from the receipt of the CIB by the applicant. Any exam taken prior to the commission’s receipt of the application or after the expiration of the one year period, will not be counted for licensing.
A Certificate of Eligibility was issued by the commission once an application was accepted before June 1, 1996. The CIB has replaced this. The change was prompted by the administration of the real estate exam by a private company.
Who administers the real estate license exam? Which location is the exam is given?
PSI administers the license examinations. Information, as well as instructions for reservations to take the exam, are contained in the CIB mailed to the applicant. Moreover, study material, as well as instructions with regard to licensing, is also in the CIB. The PSI handles all the details of the exam process once an applicant receives the CIB. Applicants must not get in touch with the commission.
The exam is administered at PSI centers in the following cities:
- Shreveport, LA*
- Lake Charles, LA*
- San Antonio
- Fort Worth
- El Paso
- Corpus Christi
*treated as a Texas site
To safeguard the confidentiality of the test material, the code, as well as the license application form, was changed since the exams are now administered under contract.
Disciplinary action is expected for acquiring or attempting to acquire questions as well as answers from the commission, an applicant or any individual linked with the testing service. Similarly, a pending exam application may be revoked or denied for removing or trying to remove answers or question from a test site or offering or trying to offer test answers or question to a prospective applicant or another applicant.
After registration, how long should an applicant wait before he or she may take the exam?
In general, the earliest schedule an applicant may take an exam is two days following registration. For instance, if the registration form is received on Monday, the exam may be taken on Thursday. The exam is administered by PSI Monday through Saturday.
What information should be provided by the applicant?
The information needed for exam registration is contained in the exam registration form found in the CIB or the one indicated online with PSI. However, applicants covered under the Americans with Disabilities Act who need special accommodations should describe in writing the particular accommodations they need and attach supporting official letterhead documentation from a licensed professional. Allocate two weeks for the processing of special arrangements.
To take the exam, what identification should be presented?
Two forms must be presented by an applicant. One should be a valid government-issued ID (military ID, passport, state ID, driver’s license), which bears a complete physical description or the signature and photograph of the applicant. The second ID should bear the signature as well as the preprinted legal name of the applicant. All IDs should match the name on the mail label on the CIB, the registration confirmation notice as well as the examination registration form.
A missed appointment is incurred for failure to supply the needed identification at the time of the exam without prior notice to PSI. The exam cannot be taken by the applicant and the registration fee is forfeited.
What items can be taken by the applicant into the exam? What technical rules apply?
No reference material can be brought since the exam is closed book. Candidates should bring a calculator that is non-programmable, silent and battery-operated. It cannot have a keyboard with alphabets or have paper-tape printing capabilities.
Books and notes cannot be brought, nor are children, purses, pagers or cell phones. No drinking, eating or smoking is permitted in the exam center. Candidates are not allowed to leave the building during the exam.
Candidates may not communicate or copy exam contents to other individuals; doing so may cause disqualification or legal action for copyright violation.
Prior to taking the exam, answering questions as well as reviewing answers, candidates may spend a maximum of 15 minutes to familiarize themselves with the computer and keyboard. The 15-minute tutorial is not part of the exam time.
All questions have been approved by a panel of Texas real estate experts and are multiple choice. Great care is put in place to come up with a fair exam which is bias-free and intended to measure the abilities, skills, and knowledge of applicants.
What is the structure of the exam? When are results released?
The exam is made up of national as well as state sections. There are 80 items in the national section while there are 30 in the state. Candidates are given 105 minutes for the national exam and 45 minutes for the state.
Both parts should be taken by an applicant the first time. No retake is needed for a part that is passed. Both parts should be passed within a year from the receipt of the application by the commission.
Test results will be immediately available after the exam. The exam is analyzed by PSI to point out areas of weakness for applicants who fail. The exam cannot be retaken immediately by those who fail. Actually, due to processing as well as reporting of scores, the candidate is not allowed to schedule a retake on the day the test was failed. Retakes may be listed by fax, phone or online the next day.
In keeping with the original schedule, the candidate has to wait two days before he or she is allowed to take the exam. For instance, if a candidate fails the exam on Monday, he or she may schedule another exam on Tuesday and take it on Thursday.
Within the one-year period, the applicant is allowed to take the whole exam or the part which was failed as many times as he or she wishes, if there is space and he or she pays needed test fee each time.
What if the applicant passes the whole exam?
The commission may print the inactive real estate license of the applicant within two business days when he or she passes the whole exam (two parts) and completes other requirements like fingerprinting and the determination of moral character.
The commission will advise the applicant if all requirement has not been completed.
How can a new licensee acquire an active real estate license?
There are a couple of ways to obtain an active real estate license, in chronological order. A sponsoring real estate broker is needed for each. Appendix C contains the three forms.
The first method uses the Salesperson Sponsorship Form-2 (Form SF 2-1) either (1) after application submission and before issuance of an inactive license or (2) after the notification of the person that he or she has an inactive license (receipt of license is not needed at this point). The form must be signed and submitted to the commission by both the salesperson as well as sponsoring broker. No fee is needed.
The second method uses the Salesperson Sponsorship Form-1 (Form SF1-1) when a sponsoring broker was found by the salesperson prior to the inactivation of their present license. This is appropriate when the applicants wants to obtain an active license under another sponsoring broker. The form must be signed and submitted to the commission by both the salesperson and the new sponsoring broker. A $20 filing fee is collected.
What educational requirements are needed for the renewal of a real estate salesperson license?
For a license renewal, the licensee should satisfy either the Mandatory Continuing Education (MCE) or Salesperson Annual Education requirements annually. The SAE requirements should be completed first. This means the submission to the commission of 90 classroom hours or six semester hours of other core courses.
Unexpectedly, the coursework for the SAE requirement can be completed before or after the receipt of a license. Timing the submission of evidence of completed coursework to the commission is key. The requirements for renewal hinge upon the number of classroom hours submitted over the minimum needed for an inactive license.
The licensee should tender proof of completion of 30 classroom hours or two semester hours of coursework for every renewal for the initial three years if only the least number of hours was submitted. Subsequently, the MCE requirements should be met.
The SAE requirements have been completed if the applicant tenders at least six classroom hours of core courses over the minimum required for a license. After that, the annual MCE requirement for renewals must be met by the licensee.
The following discusses the process of license renewal when the submitted semester hours of coursework is less than six over the minimum requirements.
The licensee should tender another hour for the first renewal if one excess hour is submitted. After that, two additional hours should be tendered for the second renewal and an additional two hours for the third renewal.
No additional hours are needed for the first renewal if two excess hours are submitted. Nonetheless, one additional hour should be tendered for the second renewal and an additional two hours for the third renewal.
No additional hours are needed for the first renewal if three excess hours are submitted. Nonetheless, one additional hour should be tendered for the second renewal and an additional two hours for the third renewal.
No additional hours are needed for the first or second renewal if four excess hours are submitted. Nonetheless, an additional two hours are needed for the third renewal.
Finally, no additional hours are needed for the first or second renewal if five excess hours are submitted. An additional hour is needed for the third renewal.
The MCE requirements begin automatically when six hours over the required hours for licensing is submitted.
When a course certification or transcript is tendered, all relevant courses are applied by the commission first to the licensing need, then to SAE requirements. The commission cannot be asked to apply to license a particular number of hours and set aside the remaining for renewals throughout the SAE.
Nonetheless, all course certifications and transcripts need not be submitted at once for applicants who garner approved educational credits from various accredited schools or colleges. For instance, the licensing requirements can be satisfied if a transcript has six semester hours of core courses as well as six semester hours of acceptable core or related courses. To complete renewals during the SAE, certificates or transcript from accomplished core course at other schools can be set aside and submitted. Nonetheless, the MCE requirements automatically start when 90 classroom hours or six semester hours are tendered above the first six semester hours for licensing. The postponement of MCE requirement completion is the sole reason for saving coursework.
What takes place after the submission and verification that 18 semester hours of core courses have been accomplished?
The MCE requirements must be satisfied by the licensee once he or she tenders evidence of completion of 18 semester hours of post-secondary education. 14 of the 18 semester hours should be core courses regardless if the completion was done before or after the receipt of the real estate license. For each license renewal, the licensee must complete 15 classroom hours (six should be on particular legal topics). After Sept. 1, 2012, the first renewal required 18 semester hours of course work.
Licensing and Appraisals
What are the rules on the need to have a real estate license to perform appraisals?
A person is entitled to appraise real estate for a fee if he or she has a real estate broker license. Nonetheless, a real estate license is not a license for an appraiser.
Some knowledge of the Chapter 1103 of the Texas Occupations Code or the Texas Appraiser Licensing and Certification act is needed to understand the relationship between a real estate license as well as an appraiser’s license.
In 1989, Title XI, Financial Institutions Reform, Recovery, and Enforcement Act (12 U.S.C.A. Section 3331 et seq.) was passed by the Federal Legislature. As amended, the act necessitates that a state agency-licensed or certified individual should conduct any federally related transaction appraisal valued at over $250,000. The Uniform Standards of Professional Appraisal Practice must be followed for the appraisal.
In 1991, the 72nd Legislature created Texas Appraiser Licensing and Certification Board (TALCB) took over the responsibility for appraising licensing and certification from the commission.
Therefore, an individual should be certified or licensed by the TALCB to do a federally related transaction appraisal—for instance, any real estate related transaction regulated by, engaged in or contracted for the Resolution Trust Corporation or a federal institution regulatory agency, valued at over $250,000. No real estate salesperson or broker license is needed.
An individual who is not certified or licensed by the TALCB may do non-federally related transactions or federally related transactions appraisal of $250,000 or less. A Texas real estate broker license is needed for such. Nonetheless, the following should be indicated verbatim on the report: “THIS IS AN OPINION OF VALUE OR COMPARATIVE MARKET ANALYSIS AND SHOULD NOT BE CONSIDERED AN APPRAISAL. In making any decision that relies upon my work, you should know that I have not followed the guidelines for the development of an appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.”
Except via the sponsoring broker, a real estate salesperson that is not certified or licensed by the TALCB may not do real property appraisal for a fee. The real estate salesperson may present, sign as well as make appraisals in behalf of the sponsoring broker. However, the appraisal should be tendered in the name of the broker and the broker should take responsibility.
When under contract as a real estate agent for the seller and a licensee tries to purchase a property for himself or herself, special rules are in effect. The licensee should tell the sell his or her opinion about the property’s value.
A salesperson who does an appraisal in behalf of the Veterans Administration should perform the task through the sponsoring broker. An association or trade organization should have a broker license to be able to offer to appraise or do real estate appraisal for compensation.
Lastly, a real estate license is not needed if an employee were to appraise property for the investment firm or financial institution he or she works for provided that the appraisal is reflective of an investment or a loan by the employees.
Frequently Asked Questions
At https://realestatelicenseschool.org/, the staff is committed to helping our students understand not only how our educational programs work, but also the guidelines for starting a new career!
Select any link above to learn more about how our programs work or what is required to launch your new career through a real estate school.
1. Can I apply for a real estate salesperson’s license without a sponsoring broker?
2. How do the state agencies know I have satisfied my license renewal requirement?
3. Do I receive “college credit” hours?
4. What if I have a question or problem during the process of completing a course?
5. How long will I be given to complete my course(s)?
6. What is the difference between this educational program and other programs?
7. What is the difference in “online testing” and “proctored testing”?
8. Can I re-take a test if I fail it?
9. I have completed a course and need my Certificate of Completion ASAP. What can be done?
Can I apply for a real estate salesperson’s license without a sponsoring broker?
YES. You can take the state test without a sponsoring broker but you will need a sponsoring broker before you can activate your license.
How do the state agencies know I have satisfied my license renewal requirement?
For 30 or 60-hour real estate or inspection or appraisal students, it is YOUR responsibility to submit proof to the appropriate state agency. MCE (3,6,9 or 15 hours) course completions and irrigation CEU’s will be submitted to the appropriate state agency by the educational provider.
Do I receive “college credit” hours?
NO. The hours received for these courses are hours approved through each state agency that governs a particular license and will only satisfy the license requirements set forth by that state agency.
What if I have a question or problem during the process of completing a course?
Our Business is YOU, the Student. A Program Co-Ordinator is on staff to answer any question or concern you, the student, may have during the course completion process. Use the toll-free number listed. The answer to your question is just a phone call away.
How long will I be given to complete my course(s)?
Students have 180 days from their initial enrollment date to complete courses. For a minimal charge, a student is given one opportunity to re-enroll for an additional 90 days on any “expired” course.
What is the difference between this educational program and some other program(s)?
A Great Deal of Difference. This program offers students a “one on one” educational process which means we welcome your phone calls and are available to answer any question you may have. Unlike some programs that are concerned ONLY with the “bottom line”, we are here to educate you. Textbooks (yours to keep) are published and printed by experts in the field, NOT written or printed “in-house” and receive your certificate of completion
What is the difference in “online testing” and “proctored testing”?
Students who have enrolled in a course with online testing will receive an email containing their username/password as well as the link to the online testing site. Online testing offers students a more convenient method in completing their quiz and/or final exam. Students can complete their quiz and/or final exam from any computer as long as they have access to the online testing link. In addition, once the final exam has been completed, the results will be provided immediately and the student will have the option of printing their certificate or having it mailed to them. A proctored test is where the final exam is mailed to a third party and the student completes the final exam at the proctor’s location. The main purpose of a proctor is to verify the student’s identity and to monitor the student while they are completing their exam. Proctor qualifications are real estate broker, library, school or notary. When the final exam is completed (in the presence of the proctor) there will be a postage paid pre-addressed envelope for the proctor to mail the exam back to the university. Provided the student successfully passed the final exam with a least a 70%, the University will mail a certificate to the student. Express grading and faxing the certificate is also available.
Can I retake a test if I fail it?
Of course, you can. Students are allowed to re-test on currently active courses as many times as necessary to achieve the passing grade of at least 70%.
I have completed a course and need my Certificate of Completion ASAP. What can be done?
If you enrolled in a course with online testing you will be given the opportunity to print out the Certificate of Completion. If you enrolled in a course with proctor testing there will be a form you will fill out upon completing your final exam which you can request Express Grading and Faxing of your certificate.