Legal Question in Real Estate Law in Texas

In Texas, can a lawyer buying his own home receive the selling commission?

Asked on 11/30/11, 11:46 am

1 Answer from Attorneys

Ryan Bormaster D. Miller & Associates, P.L.L.C.

This is a tricky question. Typically, only licensed Real Estate Brokers and Sales persons can receive Real Estate "commissions". This is because they take special classes in Real Estate LAW and Real Estate CONTRACT LAW and must then successfully pass a written exam to be licensed by the Texas Real Estate Commission. Lawyers, on the other hand, take classes not just in Real Property Law and Contracts, but in all other areas required by the Texas Supreme Court and then must sit for and pass the Texas Bar Exam to be licensed to practice ALL AREAS OF LAW by the TEXAS SUPREME COURT. Although a Lawyer cannot collect or share a Real Estate Commission, a Lawyer CAN collect Attorney's Fees in any amount that is reasonable and is prohibited from sharing or splitting those fees with non-lawyers. Lawyers are permitted, by virtue of their License to Practice Law, to give legal advice related to virtually all areas of Law, including Real Estate. Brokers and Sales persons are only permitted to give limited advice related to Real Estate and must be careful that they do not inadvertently engage in the practice of law without a license. Lawyers are also permitted to collect attorney's fees for representing themselves, even in Real Estate Transactions. I am happy to discuss this further with you if you would like. Feel free to contact me at the office.

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Answered on 12/02/11, 12:53 pm

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