What Section of TRELA covers a licensees ability to prepare legal documents

Following the jury verdict in favor of the defendants, the plaintiffs appealed, arguing that defendants were not entitled to a jury trial under the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), the Residential Real Property Disclosure Act (Disclosure Act), or the Real Estate License Act of 2000 (License Act).

The Texas Real Estate Act (TRELA) is crucial to your practice as a Texas real estate agent, as it ensures that high standards of ethics and practice are maintained in the real estate industry. You’ll need to know TRELA in and out, first for the licensing exam and then for your work in the industry afterward!

The Purpose of TRELA

The state legislature of Texas passed the Texas Real Estate License Act to protect the public from brokers and sales agents who are dishonest. TRELA also:

  • Establishes rules that license holders must follow that pertain to obtaining, and later maintaining, a real estate license

  • Lists the penalties for violations of the License Act

  • Protects brokers from unfair activities by their competition

The more a license holder, whether a sales agent or broker, understands about TRELA, the less they have to worry about when it comes to keeping their license active.

The History of TRELA

In 1939, the Texas Legislature passed the Real Estate Dealers License Act to govern the licensing and practice of real estate in Texas. It eventually took on the name Texas Real Estate License Act.

Today, the Texas Real Estate License Act is part of Chapters 1101 of the Texas Occupations Code, and regulates real estate brokers and salespersons. In case you’re curious, Chapter 1102 pertains to real estate inspectors.

TRELA and TREC

The Texas Real Estate License Act is the legislation that governs the licensing of Texas real estate license holders. The Texas Real Estate Commission (TREC), on the other hand, enforces the provisions of TRELA. The Texas legislature created TREC in 1949 (10 years after the creation of TRELA) for that purpose.

Think of it this way: TRELA is the law, and TREC is the enforcer of that law. TRELA and TREC go hand in hand!

The Basic Provisions of TRELA

There’s a lot in TRELA, but here are some of the general things it covers:

  • What real estate acts require a Texas real estate license

  • The difference between a salesperson and broker license

  • Age, education, and other requirements for obtaining a Texas real estate license

  • Exemptions from Texas real estate license requirements

  • Active licenses versus inactive licenses

  • License expiration and renewal

  • Code of ethics and standards of conduct

  • License violations and penalties

  • The process by which complaints against license holders are filed

  • The process by which a license holder can request a hearing 

  • Liability

  • Compensation requirements and regulations

  • Membership of TREC

  • Approval and regulation of real estate courses and continuing education

As you can see, TRELA regulates pretty much every aspect of your real estate practice! 

Want to Know More?

That’s a wrap on TRELA. Want to know exactly what TRELA says about educational requirements to get your license? Check out this blog post!

Leanna Petronella

Leanna Petronella is a real estate content writer at Aceable. When she isn't creating the pre-licensing education courses for AceableAgent, you can find her educating readers with real estate knowledge in publications. She is an author and former college instructor who has published her creative writing widely.

The Texas Real Estate Act (TRELA) is state legislation that sets standards for how real estate agents conduct themselves in Texas. It resides in Title 7 Chapter 1101 of the Texas Occupations Code.

The History and Purpose of TRELA

TRELA was originally passed in 1939 as the Real Estate Dealers License Act. In 1955, it was renamed the Texas Real Estate License Act. The original law set up a licensing system for people who broker the sale of real estate. By defining who has the legal authority to perform certain actions in the real estate market, Texas was able to protect the public by enforcing a certain level of competence and ethics. Real estate license laws were administered by the Texas secretary of state for the first ten years. In 1949, the Texas Real Estate Commission (TREC) was created to administer and enforce TRELA. Over time, TREC became responsible for regulating real estate professionals beyond salespersons and brokers, including inspectors, education providers, timeshare developers, and more.

BEST SELLER

Package

Get 98 hours of SAE and Legal Update courses required for your first renewal.

299.00 229.00

DETAILS Buy Now

BEST SELLER

Package

Texas 18-Hour Broker CE Package

Meet all continuing education requirements as a supervising/designated broker.

79.00 67.00

DETAILS Buy Now

BEST SELLER

Package

Texas 18-Hour CE Package

Meet continuing education requirements as a salesperson/non-supervising broker.

69.00 59.00

DETAILS Buy Now

BEST SELLER

Package

90-Hour Texas SAE Package - Pick Your Own

Choose from a selection of SAE courses to meet your first renewal requirements.

279.00 237.00

DETAILS Buy Now

Individual Course

Learn about recent updates, changes, and addendums to Texas laws and regulations.

25.00

DETAILS Buy Now

Individual Course

Consider ethical requirements and concerns you'll face as you practice real estate.

25.00

DETAILS Buy Now

Individual Course

Texas Exam Prep

Get study guides and unlimited practice for the salesperson and broker exams.

79.00

DETAILS Buy Now

What Does the Texas Real Estate Act Do?

In its current form, TRELA creates two license levels for professionals who assist in the sale of real estate: Salesperson and Broker. It defines what activities require a real estate license in Texas and which activities are reserved for Brokers. TRELA lays out the minimum requirements for obtaining a Texas real estate license. It also sets expiration and renewal terms to make it easier to hold licensees to updating standards. The act establishes a code of ethics and standard of conduct for the behavior of real estate salespersons and brokers, regarding both their treatment of consumers and competition. It establishes disciplinary proceedings, penalties, and civil or criminal liability. It creates processes for filing a complaint against a license holder. TRELA also requires real estate licensees to use standard contract forms that are drafted and revised by the Texas Real Estate Broker-Lawyer Committee, in order to make the terms of real estate transactions more consistent. Finally, the Texas Real Estate Act establishes the rules for the membership and appointment of both TREC and the Real Estate Broker-Lawyer Committee, as well as the rules by which both committees operate.

Does TRELA Contain All the Rules for Texas Salespersons and Brokers?

No, because TRELA empowers the Texas Real Estate Commission to create administrative rules, as well. Some of TREC's rules add specificity to TRELA's provisions, and some create related policies. Additionally, there are federal regulations that affect the conduct of all U.S. real estate agents, like the U.S. Fair Housing Act. Your county or municipal jurisdiction may have other rules.

How Do You Learn More About TRELA's Provisions?

Required education about TRELA is actually built into TRELA's criteria. It's easy to forget TRELA is behind much of your real estate education. In many cases, your coursework won't specify whether a particular rule comes from TRELA or TREC or somewhere else – the source matters less than knowing the rules themselves. Still, as you sit down for Texas pre-license courses, SAE courses, or continuing education, you'll be studying the Texas Real Estate License Act, whether you realize it or not.

What is Chapter 1101 of the Texas Occupations Code?

OCCUPATIONS CODE CHAPTER 1101. REAL ESTATE BROKERS AND SALES AGENTS.

What is Texas real estate license Act?

The Texas Real Estate Act (TRELA) is state legislation that sets standards for how real estate agents conduct themselves in Texas. It resides in Title 7 Chapter 1101 of the Texas Occupations Code.

What was the name of the first licensing Act in Texas?

The History of TRELA In 1939, the Texas Legislature passed the Real Estate Dealers License Act to govern the licensing and practice of real estate in Texas.

What law empowers the Texas Real Estate Commission TREC to create rules and regulations for real estate license holders?

What law empowers the Texas Real Estate Commission (TREC) to create rules and regulations for real estate license holders? The answer is The Real Estate License Act.