Drip and rake edge flashing materials are recommended by most shingle manufacturers but are not required. [Rule 535.5(c)]. The History and Purpose of TRELA TRELA was originally passed in 1939 as the Real Estate Dealers License Act. Rule 535.52(b) also addresses conduct that tends to demonstrate that an applicant does not possess the requisite honesty, trustworthiness or integrity. Must I disclose my licensed status? No, the permission may be in writing or oral. Before the earnest money was deposited, the buyer backed out. TREC does not review a sales agents advertising. You are under the Sales Apprentice Education (SAE) requirements. The purpose of the proposed repeal is to eliminate the lookback period currently found in 535.93, which currently allows a license holder to renew after the expiration date of their license without any lapse in active licensure, as long as certain certifications are made. Is the use of a net listing agreement a breach of the brokers fiduciary duty? Paragraph 5A of the One to Four Family Residential Contract (Resale) (TREC 20-16) states that the buyer must the deliver the earnest money and the option fee to the escrow agent within three days of the effective date of the contract. Inspectors are not required to inspect to trade or industry association standards. (l) A person who arranges for a tenant to occupy a residential property must have a real estate license if the person: (1) does not own the property or lease the property from its owner; (2) receives valuable consideration; and (3) is not exempt under the Act. Is a broker required to act as an escrow agent or hold the money of others? You are prohibited from commingling this money with your own money. The rules also include corresponding contract forms adopted by reference. Information About Brokerage Services (IABS) & Consumer Protection Notice, Real Estate Recovery Trust Account and Fund, Tips for Posting the IABS and Consumer Protection Notice, Announcing The Application Status Tracker, Provider Exam Passage Rates for Inspectors, Real Estate Inspector Standards of Practice (SOP) - Online Version, Related Regulatory and Consumer Protection Groups, Residential Service Companies (Home Warranties), Become a Business Entity Real Estate Broker, Become a Professional Real Estate Inspector, Become an Easement or Right-of-Way Business, Exam Topic Reports for Sales Agents and Brokers, Inspector Standards of Practice Subcommittee, Prior to March 1, 2021 Professional Real Estate Inspector Requirements, Provider Exam Passage Rates for Sales Agents and Brokers, Renew Your Business Entity Real Estate Broker License, Renew Your Easement or Right-of-Way Agent Registration, Renew Your Easement or Right-of-Way Business Registration, Renewal of Qualifying Education (QE) Providers, Texas Real Estate Broker-Lawyer Committee, Texas Real Estate Inspector Examination Study Materials, TREC Advertisement Rule Review - What's In A Name, Application for Inactive Broker or Sales Agent Status, 2023 Purchase Orders and Contracts through 3/31/2023, Application for: Inactive Inspector Status, Apprentice and Real Estate Inspector Sponsorship Form, FY21 Public Funds Investment Act Compliance Audit, FY21 Purchase Orders/Contracts through 8/31/21, FY22 Accounting and Finance Processes Report, FY22 Purchase Orders/Contracts through 8/31/22, FY23 Public Funds Investment Act Compliance Audit, Instructor Credit Request for a Ride Along Inspection, Sales Agent Apprentice Education (SAE) Cover Sheet, Continuing Education (CE) Provider Initial Application, Qualifying Education Provider Initial Application, Continuing Education (CE) Provider Renewal Application, Inspector Non-Elective CE Course Application, Real Estate Non-Elective CE Course Application, Continuing Education (CE) Provider Reinstatement Application, Abbreviated Registration of a Timeshare Plan, Application for Inactive Real Estate Sales Agent License, Inspector CE Secondary Course Application, Inspector QE Secondary Course Application, Presale Authorization for a Timeshare Plan, Renewal of Inspector License-Timely or Expired Less Than Six Months, Application for Real Estate Broker License by an Individual, Application for Real Estate Sales Agent License by Current or Previous Broker, Reinstatement of Real Estate Sales Agent License or Broker License by Individual, Renewal of Individual Real Estate License-Timely or Expired Less Than Six Months, Change of Address for Inspector or Registrant, Affidavit in Lieu of Documentation and/or Signature, Affidavit in Support of Claim for Experience, Application for Apprentice Inspector License, Application for Broker to Return to Active Status, Application for Easement or Right-of-Way Agent Registration for a Business, Application for Easement or Right-of-Way Agent Registration for an Individual, Application for Inspector to Return to Active Status, Application for Order Directing Payment Out of the Real Estate Inspection Recovery Fund, Application for Order Directing Payment Out of the Real Estate Recovery Trust Account, Application for Professional Real Estate Inspector License, Application for Real Estate Broker License by a Business Entity, Application for Real Estate Inspector License, Certificate of Insurance for a Broker Business Entity, Change of Designated Agent for an Easement or Right-of-Way Company, Change of Designated Broker for a Business Entity, Change of Main Address by Broker, Professional Inspector, Easement or Right-of-Way Registrant and/or Reprint of License, Change of Name for Inspector or Registrant, Consent to Service of Process (Corporation), Consent to Service of Process (Limited Liability Company), Consent to Service of Process (Partnership), Consent to Service of Process (Sales Agent or Individual Broker), Continuing Education (CE) Credit Request for an Out of State Course, ICE Credit Request for Completing a Ride Along Inspection, Individual Continuing Education (CE) Elective Credit Request for State Bar Course, License Holder Change of Contact Information, Notice Concerning Easements and Rights-of-Way, Notice of Alternate Name Used by a Sales Agent or Broker License, Notice of Apprentice/Real Estate Inspector Termination, Notice of Assumed Business Name (DBA) for a Broker's License, Notice of Assumed Business Name or DBA for a Professional Real Estate Inspector or Real Estate Inspector's License, Qualifying Real Estate Course Approval Form (Principles of Real Estate I - 30 hour course), Qualifying Real Estate Course Approval Form (Principles of Real Estate II - 30 hour course), Renewal Form for Easement or Right-of-Way Agent or Business, Renewal of Business Entity Broker License-Timely or Expired Less Than Six Months, Report Regarding Staff Compensation FY 2019, Report on Customer Service, submitted June 2016, Report on Customer Service, submitted May 2018, Supplement A-Qualifying Experience Report for a Broker License, Supplement B-Qualifying Experience Report for a Broker License After an Application has been Filed, Supplemental Form for Military Service Members, Military Veterans, and Military Spouses, Qualifying Real Estate Course Approval Form (Law of Agency - 30 hour course), Qualifying Real Estate Course Approval Form (Law of Contracts - 30 hour course), Distance Education Course Evaluation Form, Continuing Education (CE) Provider Application Supplement, Inspector Course Approval Form (Property and Building Inspection Module I), Qualifying Real Estate Course Approval Form (Real Estate Finance - 30 hour course), Inspector Course Approval Form (Property and Building Inspection Module II), Qualifying Real Estate Course Approval Form (Promulgated Contract Forms - 30 hour course), Inspector Course Approval Form (Analysis of Findings and Reporting Module), Qualifying Real Estate Course Approval Form (Real Estate Brokerage - 30 hour course), Inspector Course Approval Form (Business Operations and Professional Responsibilities Module), Qualifying Real Estate Course Approval Form (Real Estate Appraisal - 30 hour course), Inspector Course Approval Form (Texas Law Module), Inspector Course Approval Form (Texas Standards of Practice Module), Qualifying Real Estate Course Approval Form (Real Estate Law - 30 hour course), Qualifying Real Estate Course Approval Form (Real Estate Marketing - 30 hour course), Qualifying Real Estate Course Approval Form (Real Estate Math - 30 hour course), Qualifying Real Estate Course Approval Form (Real Estate Property Management - 30 hour course), Notice of Delegation of Supervising License Holder, Notice of Sales Agent Sponsorship Termination, Request for Certificate of Active Licensure or Sponsorship History, Instructor Manual Guidelines for Qualifying Real Estate and Real Estate Related Courses, Course Acceptance Application (Accredited College or University), Real Estate or ERW CE Secondary Course Application, Texas State Board of Plumbing Examiners (TSBPE), Use of Unlicensed Assistants in Real Estate Transactions, https://www.sos.state.tx.us/corp/namefilingsfaqs.shtml. Do I have to tell you about my crime? Additionally, references TREC Rules refer to the rules promulgated by the Texas Real Estate Commission. No. The IABS Form can be provided by: The Real Estate License Act The sponsoring broker is still responsible for the sales agent's actions, even when the sales agent does not work out of the brokers main office. You should consult with a private attorney. Contract forms adopted for mandatory use are on our website. If I represent the seller, can I advertise that I will rebate part of my compensation to the buyer? If a buyer's agent is required to disclose his or her status as the buyers agent to a listing broker when setting up a showing appointment, must the listing broker also disclose to the buyer's agent that the listing broker represents the seller? Yes, double-tapped grounded conductors (neutrals) are a deficiency and must be reported as such, unless otherwise approved and listed by the manufacturer. The proposed amendments to535.133 will limit an existing regulation to correspond with applicable law. [See Rules 535.1(5) and 535.20(a)]. A brokers name alone is okay. Are signs permitted which display the word "broker" or "agent?". PDF OCCUPATIONS CODE TITLE 7. PRACTICES AND PROFESSIONS RELATED TO - Texas I am a sales agent and am not sure how to fill out the listing agreement form. At a minimum, bathrooms and water closets that that do not have an operative window must be reported as deficient if they lack an exhaust fan that vents to outside air. [TRELA 1101.355(c)]. Texas Occupations Code Chapter 1101 - Real Estate Brokers and Sales Agents The Amendment to Contract is amended to add a notice to consult an attorney and to add a reference to Paragraph 7 of the contracts in Paragraph 2 of the Amendment dealing with repairs. Under Section 1102.303 of the Texas Occupations Code, an inspector may not act in a transaction in the dual capacity of inspector and either (1) broker or sales agent or (2) an undisclosed principal. Yes. [Rule 535.155 (effective May 15, 2018)] You may advertise an inspectors services, however, an inspector may not pay a fee or other valuable consideration for (1) a referral, (2) inclusion on a list of inspectors or preferred providers, or a similar arrangement; or (3) inclusion on a list of inspections contingent on other financial agreements. Additionally, the Addendum for Disclosure of Fixture Leases is amended to modify Paragraph A.1 to include check boxes, in lieu of a blank line, so that the parties can specifically indicate what types of fixture leases will be assumed and assigned. You may wish to consult with a private attorney regarding your legal rights as a homeowner. Accordingly, the requirement that inspectors report deficiencies in installed gutter and downspout systems applies only to visible deficiencies in above-ground gutter and downspout systems and not to underground drain piping, cisterns, or other buried components. I am changing sponsoring brokers. Is a license holder acting as a principal required to provide a party with written information relating to agency? In cases such as this, the listing broker still needs to present the offer to the seller. [TRELA 1101.351(c)]. A brokers name alone is okay. No. A properly constructed and properly functioning bathtub or shower should drain virtually all water (with the exception of minimal amounts that remain due to the surface tension of the water). The Seller Financing Addendum also contains the following amendments: The changes to the existing rules add the title of the form adopted by reference in each rule to the rule title and add clarifying language to specify which forms are for mandatory versus voluntary use by license holders. [Rules 535.2(c), 535.146(c)(7).]. [TRELA 1101.005(2) and Rule 535.32]. Is the inspector required to report the symptoms of Chinese drywall? Effect of Disciplinary Action on Liability. An attorney will need to prepare an appropriate form. Can I use a power of attorney to engage in a real estate brokerage transaction without a real estate license? The testing pressure is always higher than the normal operating pressure of the system. On the Statement of Applicant page, select "Yes" to certify the address information is accurate and correct, and click "Next" to process the request. What if a license holder does not comply with the requirements for forming an intermediary relationship? Is the inspector required to perform any inspection of the meter? Do the Standards of Practice require inspectors to report as deficient evidence of a past attic fire? Yes, but with limitations. Yes. TREC leaves the determination of "similar" names to the Secretary of State's rules or to common law remedies. A brokers name includes a brokers assumed business name that has been registered with TREC. No. How to get a Texas Real Estate License | Champions School For all practical purposes, yes. We tried to buy a house but our loan application was not approved. The lack of a damper clamp is required to be reported as a deficiency when a gas appliance or artificial gas logs (but not merely a log lighter pipe) is present. How shall an inspector ascertain with any degree of accuracy if the fire separation between a residence and its attached garage is in place? No. Do the Standards of Practice require inspectors to report as deficient the presence of a commingled water heater drain pan drain line and a temperature/pressure relief drain line? Using REALTOR or agent is insufficient to distinguish the license status of sales agent. If a sales agents last name is contained in the brokers licensed or assumed business name, how can the sales agent let the consumer know the agent is not the broker? Can the intermediary delegate to another license holder the authority to appoint license holders associated with the broker intermediary? There are many different codes that can figure into the construction of a house, depending on when it was built and local amendments. The Standards of Practice require inspectors to perform a visual inspection. [Rule 535.154(a)(3)], An intermediary is a broker who negotiates the transaction between the parties when the broker or a sales agent sponsored by the broker has obtained consent from the parties to represent both the buyer and the seller. Each day a violation continues can be considered a separate violation for imposition of the administrative penalties. [TRELA 1101.702] The Commission may also issue a cease and desist order. The changes to the existing rules add the title of the form adopted by reference in each rule to the rule title and add clarifying language to specify which forms are for mandatory versus voluntary use by license holders. The license holder can work for a lender without breaching that duty, but the license holder can't direct a purchaser to any one lender. The form is also amended to replace the parenthetical following Paragraph 9, Other Modifications, with a statement that real estate brokers and sales agents are prohibited from practicing law. Assuming the attorney is licensed in Texas, the seller and buyer may work something out between themselves regarding any compensation to be paid to the Texas attorney. Can a license holder hold a gift giveaway of any prize regardless of its value as long as entry into the giveaway is not limited to only those that refer a prospect for a real estate transaction? Will advising the client to place a climbable object (such as the chest) supersede the need to identify the item as deficient? I am not currently performing inspections, but I'd like to maintain my license. Is it true that home inspectors licensed in Texas, cannot inspect plumbing in a home nor report plumbing deficiencies in the TREC inspection report? A real estate license is not required for a person who calls an auction of real property, provided the person is licensed as an auctioneer by the Texas Department of Licensing and Regulation. The answer to the first question is No. Can I advertise that I will rebate a part of my compensation to the buyer? Only an active licensed sales agent sponsored by a licensed business entity may make a referral on behalf of the brokerage, and any referral fee must be paid to the sponsoring broker. If it does, TREC will ask you to provide a copy of the Order of Expungment or Non-disclosure and upon receipt will not consider that offense in determining a person's fitness for licensure. Recovery of these losses is a civil action and should be discussed with a private attorney. Please send written commentsto TREC'sgeneral.counsel@trec.texas.gov. If the intermediary authorizes another license holder to appoint associated license holders to work with the respective principals, that license holder cannot designate himself/herself as one of the appointed license holders. The changes to the existing rules add the title of the form adopted by reference in each rule to the rule title and add clarifying language to specify which forms are for mandatory versus voluntary use by license holders. Click "Change/Verify Contact Information" and click "Select". No, not unless the broker agrees to do so. However, it is often possible to locate gas shut-off valves either behind or near appliances (such as in the cabinet next to the range). You can be exempt from taking the National portion of the exam if you hold an active license in a state that participates in the National exam accreditation with ARELLO. [Rule 535.5(d).] When does a license holder dealing in property in the license holder's own name have to disclose the fact that they have a real estate license? Under Actions for the sponsoring broker, click "Terminate" and then click "Next". The sales agents agreement should also address how compensation is handled with the broker. No. While a license holder is encouraged to assist the parties in the exchange of the necessary earnest money release and need to sign the release as appropriate, there is nothing in TRELA or the Rules to determine who is entitled to the earnest money. Whether to report inadequate headroom clearance as a deficiency is up to the reasonable judgment of the inspector. Occupations Code Chapter 1102. Real Estate Inspectors The proposed change in subsection (j)(1) of 535.65 is made to account for the agencys updated education reporting system, whereby providers can post course credit on behalf of certain students. 51-1, Addendum Regarding Residential Leases, Standard Contract Form TREC No. Is a license holder required to put their license number on a sign or other advertising? Is the inspector required to inspect a water metering device to determine if a leak may exist? What qualifies as proof of ownership of the business entity? Is the Information About Brokerage Services Form promulgated by TREC mandatory? [Rule 535.155 (effective May 15, 2018)] A sales agent must also have their sponsoring broker's authorization to offer a rebate. How should an inspector identify deficiencies in the power ventilators without operating them? Both TREC forms 20-14and 30-12, The One to Four Family Residential Contract (Resale) and Residential Condominium Contract (Resale), state, Any hydrostatic testing must be separately authorized by Seller in writing. Can the inspector advertise that he inspects plumbing? Can I cancel the agreement? Additionally, the license holder may not use the license holders expertise to the disadvantage of the other party. Does this mean that the contract is invalid or void? TREC does not have jurisdiction over licensed repair providers. REAL ESTATE BROKERS AND SALES AGENTS SUBCHAPTER A. All inspections would be subject to 1102.301 et seq. TREC only handles the licensing and discipline of real estate inspectors, you would need to contact the state agency in charge of collecting state sales tax which is the Texas Comptroller of Public Accounts. To become active, a professional inspector would need to send in the Return to Active Status form (or, for apprentice or real estate inspectors, the sponsorship form) along with the applicable fee and the required proof of insurance. 41-3, Loan Assumption Addendum, Standard Contract Form TREC No. Can an associated broker use his or her own assumed business name in advertising? Before you can renew your license, you are required to have completed a total of 270 hours of qualifying course hours, and the Legal Update I and II courses. A TREC licensed inspector may perform inspections on commercial property, as long as no other laws prohibit the inspector from doing so (please check with the Texas Board of Professional Engineering to determine when a Professional Engineer license is required). [Rule 535.4(i). No. This form is on our website here. The definition of accepted industry practice is situation-specific and may depend on the context in which the question is being asked. Section 535.227(b)(3)(H) further provides that inspectors are not required to review installation instructions. The intermediary is prohibited from acting so as to favor one principal over the other, and may not reveal confidential information obtained from one principal without the written instructions of that principal, unless disclosure is required by TRELA, court order, or the information materially relates to the condition of the property. Is observance of gas shut-off valves and connections with a digital camera placed behind or under appliances considered a reasonable method for discovering deficiencies in inaccessible areas? You should contact a private attorney if you have any questions about extending a listing agreement. My agent moved to another brokers office and I want them to continue to handle my listing. If the broker appoints an associated license holder to represent the seller and another associated license holder to represent the buyer, the individual agents may offer advice and opinions regarding the real estate transaction to the party each has been appointed to represent. Yes, as long as the advertisement complies with Rule 535.155 (effective May 15, 2018)regarding any restrictions that might apply. Can I just leave both boxes in Paragraph 7D of the One to Four Family Residential Contract (Resale) blank or can I check 7D 2 and write in repairs to be listed following inspection? No. What is proof of legal authority to use an assumed business name in Texas? An advertisement cannot in any way imply that a sales agent is the person responsible for the operation of a real estate brokerage. Please check with the licensing authority in the state where the brokerage activity will be performed. This section gives the Commission authority to suspend or revoke a license holder that has entered a plea of guilty or nolo contendere or has been convicted of a felony or any criminal offense that involves fraud (including misdemeanors).
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