Section 535.6 - Equitable Interests in Real Property(a) A person may acquire an option or enter into a contract to purchase real property and then sell or offer to sell the option or assign or offer to assign the interest in the contract without having a real estate license if the person:(1) does not use the option or contract to purchase to engage in real estate brokerage; and(2) discloses in writing the nature of the equitable interest to any seller or potential buyer.(b) A person selling or offering to sell an option or assigning or offering to assign an interest in a contract to purchase real property without disclosing the nature of that interest as provided by subsection (a) of this section is engaging in real estate brokerage.(c) A license holder acting on his or her own behalf or in a capacity described by § 535.144(a) of this chapter (relating to When Acquiring or Disposing of Own Property or Property of Spouse, Parent or Child) who is selling an option or assigning an interest in a contract to purchase real property must disclose in writing to any seller or potential buyer that the license holder is selling an option or assigning an interest in a contract and that the license holder does not have legal title to the real property.22 Tex. Admin. Code § 535.6
Adopted by Texas Register, Volume 42, Number 20, May 19, 2017, TexReg 2723, eff. 5/24/2017; Amended by Texas Register, Volume 48, Number 47, November 24, 2023, TexReg 6912, eff. 1/1/2024