Texas Attorney General Opinion: C-365 Page: 2 of 6
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Honorable Bill Lofland, page 2 (C-365 )
You have advised that the enterprise in question
involves individuals and not a corporation, therefore
the Business Corporation Act, Article 1.01, et seq.,
Vernon's Civil Statutes, is not applicable.
Any individual wishing to transact the business
of operating a cemetery must do so through a corporation
organized under Article 912a, Vernon's Civil Statutes.
Art. 912a, Sec. 5, V.C.S. We have concluded, however,
that a broker of cemetery lots will not be transacting
such business.
A broker is a special agent engaged by others
to negotiate contracts for the sale or lease of real
estate or other property. Ryan Lumber Co. v. Conn,
20 S.W.2d 388 (Tex.Civ.App. 1929, error dism.) An
agent's acts, within the scope of his authority, are
the acts of his principal. 2 Tex,Jur. 2d 437, Agency,
Sec. 2.
Under the facts .in this situation, the broker
would be a special agent and as such, his acts would be
the acts of the burial lot owners.
It is our opinion that a broker of cemetery
lots would not be transacting any of the business of
operating a cemetery and thus would not be regulated
under Article 912a, Vernon's Civil Statutes.
However, the enterprise in question would fall
under the regulations of the Real Estate License Act,
Art. 6573a, Vernon's Civil Statutes, and under the
penal provisions of Art, 705b, Sec. I, Vernon's Penal
Code.
Section 4 of Art. 6573a, Real Estate License Act,
Vernon's Civil Statutes, reads:
"Sec. 4. The following terms shall,
unless the context otherwise indicates, have
the following meaning:
"(1) The term 'Real Estate Broker'
shall mean and include any person who, for
another or others and for compensation or
with the intention or in the expectation
or upon the promise of receiving or col-
lecting compensation:-1730-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-365, text, December 21, 1964; (https://texashistory.unt.edu/ark:/67531/metapth268783/m1/2/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.