Texas Occupations Code 1101.005 – Applicability of Chapter
Terms Used In Texas Occupations Code 1101.005
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
This chapter does not apply to:
(1) an attorney licensed in this state;
(2) an attorney-in-fact authorized under a power of attorney to conduct not more than three real estate transactions annually;
(3) a public official while engaged in official duties;
(4) an auctioneer licensed under Chapter 1802 while conducting the sale of real estate by auction if the auctioneer does not perform another act of a broker;
(5) a person conducting a real estate transaction under a court order or the authority of a will or written trust instrument;
(6) a person employed by an owner in the sale of structures and land on which structures are located if the structures are erected by the owner in the course of the owner’s business;
(7) an on-site manager of an apartment complex;
(8) an owner or the owner’s employee who leases the owner’s improved or unimproved real estate; or
(9) a transaction involving:
(A) the sale, lease, or transfer of a mineral or mining interest in real property;
(B) the sale, lease, or transfer of a cemetery lot;
(C) the lease or management of a hotel or motel; or
(D) the sale of real property under a power of sale conferred by a deed of trust or other contract lien.