FRAUDULENT SALE, RENTAL, OR LEASE OF RESIDENTIAL REAL PROPERTY

(a) A person commits an offense if the person knowingly: (1) lists or advertises for sale, rent, or lease residential real property while knowing that the person offering to sell, rent, or lease the property does not have legal title or authority to sell, rent, or lease the property; or (2) sells, rents, or leases to another person residential real property to which the person does not have legal title or authority to sell, rent, or lease. (b) An offense under this section is a felony of the first degree. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. (d) It is an exception to the application of Subsection (a)(2) that the person participated in the transaction to sell, rent, or lease the property: (1) as a lender, a title company, or a broker or agent licensed under Chapter 1101, Occupations Code, or an employee or agent of a lender, a title company, or a broker or agent licensed under Chapter 1101, Occupations Code; and (2) did not know that another person involved in the transaction did not have legal title or authority to sell, rent, or lease the property.