Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

Can a listing broker share a portion of their commission with an attorney who acted as a buyer’s agent?

1. Yes, if both parties agree

2. No, unless the attorney has a real estate license

3. Yes, as long as it is disclosed

4. No, sharing fees is always prohibited

The correct answer is: No, unless the attorney has a real estate license

The most accurate response to the question about whether a listing broker can share a portion of their commission with an attorney who acted as a buyer’s agent is that sharing is prohibited unless the attorney holds a real estate license. In Texas, real estate commissions and referral fees can only be paid to individuals or entities that are licensed under the Texas Real Estate License Act. This regulation is in place to ensure that all parties involved in real estate transactions are properly qualified and adhere to established legal and ethical standards. An attorney, while highly qualified in legal matters, does not automatically possess a real estate license unless they have gone through the necessary vetting and compliance to obtain one. Therefore, while collaboration between real estate professionals and attorneys is not uncommon, commission-sharing without proper licensing is not allowed. In contrast to this, the other options suggest conditions under which commission sharing could take place that do not align with the licensing requirements established by law. Therefore, any commission-sharing activity involving an attorney who does not have a real estate license would be unsafe and non-compliant with Texas law.