For purposes of §1101.652(b)(5) of the Act "false promise" includes both oral and written promises. The fact that a written agreement between the parties to a real estate transaction does not recite a promise made by a real estate license holder to one of the parties or that a person did not detrimentally rely on the false promise will not prevent the Commission from determining that a false promise was made. In determining whether this section has been violated, neither a written contractual provision disclaiming oral representations nor the Texas Rules of Evidence Rule 1004, the parol evidence rule, shall prevent the Commission from considering oral promises made by a license holder.

Source Note: The provisions of this §535.145 adopted to be effective January 1, 1976; amended to be effective October 1, 2000, 25 TexReg 8646; amended to be effective January 1, 2011, 35 TexReg 11691; amended to be effective November 29, 2012, 37 TexReg 9366; amended to be effective January 1, 2015, 39 TexReg 9669