Unlicensed individuals can train or motivate agents, as well as handle office administration and personnel matters. An unlicensed person can also serve as bookkeeper for the company.
However, TREC Rule 535.4(d) prohibits an unlicensed person from directing or supervising agents in their work as license holders. This means an unlicensed person cannot advise agents about helping others buy, sell, or lease property. An unlicensed person cannot review contracts or be a party in deal-making.
The Texas Real Estate Licensing Act Section 1101.002(1)(A)(x) prohibits an unlicensed person, on behalf of another, from controlling the acceptance or deposit of rent from a resident of a single-family residential real property unit in exchange for, or with the expectation of, a commission or other valuable consideration. TREC Rule 535.4(h) further defines controlling the acceptance or deposit of rent, stating that a person must be licensed if the person has the authority to:
- use the rent to pay for services related to management of the property;
- determine where to deposit the rent; or
- sign checks or withdraw money from a trust account.