No, TREC does not have the authority to require a license holder to pay another person for monetary damages. Recovery of these losses is a civil action and should be discussed with a private attorney. In limited circumstances, TREC may order a license holder or registrant or certificate holder to pay a refund to a consumer. The refund cannot exceed the amount paid by the consumer to the license holder or registrant or certificate holder for a service or accommodation regulated by TREC. The order must be the result of a complaint matter that resulted in an agreement with the license holder or registrant or certificate holder from an informal settlement conference or an enforcement order.

Generally no. As long as the attorney is licensed in Texas, they are exempt from the licensure requirements. [TRELA §1101.005(1)] The Texas licensed attorney can do everything a broker can do except sponsor sales agents, or act as the designated broker for a business entity licensed by TREC. [TRELA §1101.355(b)] In addition, attorneys should be aware that Texas law prohibits a license holder from splitting a commission or fee for brokerage services with any person who is not a license holder. [TRELA §1101.652(b)(11)]