Texas Health and Safety Code 281.059 – Dallas County Hospital District; Broker Agreements and Fees for Sale of Real Property
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(a) In this section:
(1) “Broker” means a person licensed as a broker under Chapter 1101, Occupations Code.
(2) “District” means the Dallas County Hospital District.
(b) Except as provided by Subsection (c), the Dallas County Hospital District may contract with a broker to lease or sell a tract of real property that is owned by the district.
Terms Used In Texas Health and Safety Code 281.059
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) The district may not contract with a broker who is related within the third degree of consanguinity, as determined under Chapter 573, Government Code, to:
(1) a member of the board of hospital managers of the district; or
(2) a public official who serves on the Dallas County Commissioners Court.
(d) The district may pay a fee if a broker produces a ready, willing, and able buyer to purchase a tract of real property.
(e) If a contract made under Subsection (b) requires a broker to list the tract of real property for sale for at least 30 days with a multiple-listing service used by other brokers in the county in which the real property is located, the district, on or after the 30th day after the date the property is listed, may sell the tract of real property to a ready, willing, and able buyer who is produced by any broker, including a broker described by Subsection (c), using the multiple-listing service and who submits the most advantageous offer.
(f) The district must post a notice of intent to sell the real property in a newspaper of general circulation, not less than once, at least 14 days before the date the district accepts an offer produced by a broker.
(g) The district may sell a tract of real property under this section without complying with the requirements of § 272.001, Local Government Code.