This section defines terms used in the chapter, including “broker,” “commercial real estate,” “commission,” “commission agreement,” “deferred commission,” and “real estate.”
Sec. 62.003. DEFINITIONS. In this chapter: (1) "Broker" means a person who: (A) is licensed as a broker under Chapter 1101, Occupations Code, and is not acting as a residential rental locator as defined by Section 1101.002, Occupations Code; or (B) is licensed or certified as a real estate appraiser under Chapter 1103, Occupations Code. (2) "Commercial real estate" means all real estate except: (A) real estate improved with one to four residential units; (B) a single-family residential unit, including a condominium, townhouse, or home in a subdivision, if the unit is sold, leased, or otherwise conveyed on a unit-by-unit basis and regardless of whether the unit is part of a larger building or located on real estate containing more than four residential units; (C) real estate that is or includes on the real estate a person's homestead; (D) real estate that is not improved with a structure and is: (i) zoned for single-family residential use; or (ii) restricted for single-family use under restrictive covenants that will remain in effect for at least the next two years; or (E) real estate that: (i) is primarily used for farming and ranching purposes; (ii) will continue to be used primarily for farming and ranching purposes; and (iii) is located more than three miles from the corporate boundaries of any municipality. (3) "Commission" includes a fee or other valuable consideration. (4) "Commission agreement" means a written instrument that: (A) entitles a broker to a commission; (B) is signed by the person obligated to pay the commission or that person's authorized agent; (C) references the commission amount or describes the formula used to determine the commission amount; and (D) contains a description legally sufficient for identification of the real estate interest that is the subject of the agreement if the person obligated to pay the commission is a seller or lessor. (5) "Deferred commission" means a commission that is earned and is not yet payable. (6) "Real estate" has the meaning assigned by Section 1101.002, Occupations Code. Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.803, eff. Sept. 1, 2003.