Unlike mineral and mining rights leases, property leases for wind power projects fall under the same licensing requirements as other real property deals. The Texas Attorney General’s office recently clarified this in a letter to the Texas Real Estate Commission: Anyone negotiating a lease for property involving a wind power project on behalf of another, for compensation, is required to hold a license issued by TREC. The commission asked for clarification because it had historically treated wind projects in the same way as mineral rights and mining leases, which are given specific statutory exceptions to the requirements for licensing. But the Attorney General’s office wrote that a court would likely not interpret the statutes to include wind in those categories.
So what is the answer? License issued separate from my TREC Broker license?
Since the language provided by Texas Realtors is not completely clear. I think that “a court would likely not interpret the statutes to include wind in those categories” means that your existing license is probably sufficient if negotiating wind leases for a client. If this assumption is correct I am surprised since there are specific issues concerning wind leases that are not actually covered when obtaining a Texas Real Estate License. I believe if I were going to do that I would take a course that specifically addressed the issues. The last thing any of us wants to do is… Read more »
Is it the same for solar?