Can an unlicensed assistant host an open house alone in Texas?
No, an unlicensed assistant may not host an open house alone in Texas.
Hosting an open house involves answering questions about the property and showcasing it, which are acts of brokerage requiring a real estate license.
TREC Rule §535.4— Permitted activities of unlicensed persons
Select Your Answer Choice
Exam Explanation
Can an Unlicensed Assistant Host an Open House?
One of the most common questions on the Texas state portion of the real estate exam is whether an unlicensed assistant can host an open house. The answer is a definitive no. Under TREC rules, hosting an open house constitutes an act of representation and solicitation, which requires an active real estate license.
Why the Correct Option is Right
Option B is correct because hosting an open house is legally defined as an activity that shows or markets real property to the public. Under TREC Rule §535.4, only license holders can conduct such activities.
Why the Other Options are Traps
- Option A is a trap because even if prices are never discussed, hosting and showing the physical property are prohibited acts.
- Option C is a trap because a broker’s availability by phone does not satisfy the requirement that an active license holder must physically host the open house.
- Option D is a trap because distributing pre-printed material on-site at a property still constitutes active hosting, which requires a license.
The Exam Trap
Watch out for scenarios on the exam where an unlicensed assistant is “covering for 10 minutes” or “just letting visitors in while the agent runs to the store.” Even a brief period of unsupervised open house hosting is a violation under Texas law.
Worked Texas Example
Scenario: Sales Agent Clara is running late for her open house in Dallas. She asks her unlicensed daughter, Amy, to go open the doors, turn on the lights, and greet the first few visitors until Clara arrives 30 minutes later. Outcome: This is a clear violation. Unlicensed Amy cannot represent the listing or greet visitors at the open house unsupervised. Clara has permitted unauthorized brokerage activity, which violates TREC Rule §535.4.