Texas activities requiring a license, exemptions, business entities, inspectors, and appraisers

Texas: match the activity to the authority

A Texas sales agent must be sponsored by a licensed broker and act for that broker. An application or passed examination does not authorize brokerage before the license is received. Showing includes unlocking property for a prospective buyer or tenant and hosting an open house. Soliciting listings and supervising people performing licensed acts also require licensing. Texas reaches brokerage performed physically in Texas and remote brokerage concerning Texas property.

Limited exemptions

An owner acting as principal may buy, sell, lease, or sublease for profit without a brokerage license. A co-owner can convey their own interest, but compensated representation of another owner requires a license unless exempt. Directly paid employees may buy, sell, or lease for their employing entity; independent contractors do not qualify as employees for that exemption. Auctioneers may auction real estate, but the exemption does not cover showing, preparing offers, or negotiating contracts. Identified clerical staff may confirm advertised size, price, and terms. These exceptions are bounded, not blanket permission to perform every real estate service.

Entities

An entity conducting brokerage needs its own broker license and a designated individual broker with managing authority, an active license, and good standing. If the designated broker owns less than 10%, the entity must provide the required errors and omissions insurance. A compensation-receiving LLC or S corporation can instead qualify for registration when the license holder owns at least 51% and the entity performs no other broker acts. Registration to receive compensation is not brokerage authority.

Inspectors and appraisers

Texas inspectors operate under a separate licensing framework; a sales agent license does not itself authorize professional real estate inspection. The inspection statute preserves work authorized under other licenses and a limited tradesperson exception when the person does not publicly hold themselves out as being in the inspection business. Appraisers are overseen by the Texas Appraiser Licensing and Certification Board, an independent subdivision of TREC. A broker or sponsored sales agent may provide an ordinary-course written price estimate related to an actual or potential acquisition, disposition, encumbrance, or management, provided it is not called an appraisal.