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Texas Property Code - Section 301.041. Sales And Rentals Exempted

Legal Research Home > Texas Laws > Property Code > Texas Property Code - Section 301.041. Sales And Rentals Exempted

§ 301.041. SALES AND RENTALS EXEMPTED.  (a) Subchapter B 
does not apply to:
		(1)  the sale or rental of a single-family house sold or 
rented by the owner if:
			(A)  the owner does not:                                                     
				(i)  own more than three single-family 
houses at any one time;  or        
				(ii)  own any interest in, nor is there owned 
or reserved on the person's behalf, under any express or voluntary 
agreement, title to or any right to any part of the proceeds from 
the sale or rental of more than three single-family houses at any 
one time;  and
			(B)  the house is sold or rented without:                                    
				(i)  the use of the sales or rental 
facilities or services of a broker, agent, or salesperson licensed 
under Chapter 1101, Occupations Code, or of an employee or agent of 
a licensed broker, agent, or salesperson, or the facilities or 
services of the owner of a dwelling designed or intended for 
occupancy by five or more families;  or
				(ii)  the publication, posting, or mailing 
of a notice, statement, or advertisement prohibited by Section 
301.022;  or
		(2)  the sale or rental of the rooms or units in a 
dwelling containing living quarters occupied by or intended to be 
occupied by not more than four families living independently of 
each other, if the owner maintains and occupies one of the living 
quarters as the owner's residence.
	(b)  The exemption in Subsection (a)(1) applies only to one 
sale or rental in a 24-month period if the owner was not the most 
recent resident of the house at the time of the sale or rental.

Added by Acts 1993, 73rd Leg., ch. 268, § 40, eff. Sept. 1, 1993.  
Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.810, eff. Sept. 
1, 2003.

Last modified: August 11, 2007