(a) For purposes of §1101.652(a-1)(1) of the Act "license holder" includes a license holder acting on behalf of:
(1) the license holder's spouse, parent or child;
(2) a business entity in which the license holder is more than a 10% owner; or
(3) a trust for which the license holder acts as trustee or of which the license holder or the license holder's spouse, parent or child is a beneficiary.
(b) A license holder engaging in a real estate transaction on his or her own behalf or in a capacity described by subsection (a), is obligated to disclose in writing that he or she is a licensed real estate broker or sales agent acting on his or her own behalf or in a capacity described by subsection (a) in any contract of sale or rental agreement or in any other writing given before entering into any contract of sale or rental agreement.
(c) A license holder acting on his or her own behalf or in a capacity described by subsection (a) shall not use the license holder's expertise to the disadvantage of a person with whom the license holder deals.
Source Note: The provisions of this §535.144 adopted to be effective January 1, 1976; amended to be effective March 22, 1978, 3 TexReg 823; amended to be effective August 6, 1980, 5 TexReg 2923; amended to be effective October 20, 1983, 8 TexReg 3998; amended to be effective May 27, 1998, 23 TexReg 5437; amended to be effective October 1, 2000, 25 TexReg 8646; amended to be effective May 24, 2006, 31 TexReg 4198; amended to be effective January 1, 2011, 35 TexReg 11691; amended to be effective May 30, 2013, 38 TexReg 3347; amended to be effective January 1, 2015, 39 TexReg 9669; amended to beeffective January 1, 2016, 40 TexReg 8246