Please send written commentsto TREC'sgeneral.counsel@trec.texas.gov. An active real estate license is required to negotiate a real estate transaction between third parties. There is no requirement that community association managers and condo association managers in Texas hold a real estate broker's license. No. I am the listing broker. Question is not clear. In response to the 2nd question, an inspector must keep in mind that his role is primarily to document the condition of the home at the time of the inspection per 535.227(b)(1). [Rule 535.155 (effective May 15, 2018)] A sales agent must also have their sponsoring broker's authorization to offer a rebate. If you wish to file a complaint against a title company in Texas, you need to contact the Texas Department of Insurance. YES. I bought a house from Sam Seller through broker Bob Brown three months ago. The tables below show all of our recently proposed and adopted rules. Do You Need a Property Management License in Texas? No, but this exemption only applies to apartments; managers of condominiums or town homes need to be licensed. 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. The proposed changes update terminology for consistency and clarity throughout the chapter. Subsection (a) is being amended to correct a typographical error in the subsection. The contract forms are available for public use. Yes, Commission Rule 535.3 permits you to receive any compensation through your current sponsoring broker or the broker who sponsored you at the time you earned the right to the compensation. Yes. I only represent buyers. Paragraph B is amended to modify the time period within which the seller may terminate. The proposed removal of the venue provision in subsections (j)(2) of 22 TAC 535.61 is made to be consistent with current State Office of Administrative Hearing processes. The Texas Department of State Health Services regulates mold inspections. 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. If the sales agent is an employee of the owner of the timeshare, the employee would not be required to be licensed. Please see TREC rule 537.28 for changes that apply to all contract forms. A W-2 employee is obviously employed by the owner. Failure to repay a loan constitutes a breach of your private agreement with the license holder and is not a violation of TRELA or the Rules. How can I start a real estate brokerage referral business or Limited Function Referral Office (LFRO)? Is it true that home inspectors licensed in Texas, cannot inspect plumbing in a home nor report plumbing deficiencies in the TREC inspection report? Yes. You should discuss the terms of the agreement with a private attorney. 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. An inspector may request inactive status in writing at any time. After that period, comments can be made in person at the next Commission meeting. She didnt state that she sold it but an average person reading the card could surely and reasonably imply an erroneous claim of involvement. [Rule 537.11(a)] If you are a member of The Texas Association of Realtors (TAR), you may use a form prepared by TAR attorneys. [Rule 535.146(b)(3)]. Additionally, in the New Home Contract (Incomplete Construction), the Sellers Disclosures paragraph has been amended to: (i) add checkboxes to each disclosure item to indicate whether the seller is or is not aware; and (ii) add two additional disclosures relating to whether the property is located in a floodplain or if any tree located on the property has oak wilt. Pursuant to Section 535.227(b)(3)(C)(i) of the Standards of Practice, inspectors are not required to report manufacturer requirements except as specifically required by the Standards. Can I break my contract and list with someone else? Is the inspector required by the SoP to be knowledgeable of local requirements? Used Automotive Parts Recyclers. The term Escrow Agent is capitalized throughout the contract to reflect its status as a defined term. Do I need a license to sell or lease mineral or mining interests? If the license holder did not participate in that specific transaction, he cannot state or imply that his actions resulted in the sale of that property. Property Tax Professionals. Include your name as it appears on the application, a copy of your government-issued photo ID, and your telephone number to TREC. No. [Rule 535.220(e)(3)] Also, acceptance of a fee from a service provider may violate the Federal Real Estate Settlement Procedures Act (RESPA), which prohibits certain referral fees and kickbacks. [Rules 535.146((c)(6) and (e)] TREC requires a broker to maintain for at least four years from the date of a closing or termination of a contract eight specific types of records in a format that can be readily made available to the Commission. Language related to license reinstatement is removed from535.56. Evidence of a past fire is not, in itself, a deficiency. Is the presence of a gas shut off valve that requires a tool to turn off deficient? If a gas shut-off valve cannot be located, this should be reported. The proposed amendments to 535.101 will decrease fees paid to the agency by removing the late reporting fee authorized by subsection (a)(21). TREC does not consider URLs or email addresses to be advertisements in and of themselves. TREC only has jurisdiction in situations where the manufactured home is attached to the real estate when you purchased it and your complaint is against a real estate license holder that was involved in that purchase. 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 1/31/2023, Application for: Inactive Inspector Status, 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, For Instructor Credit Certification of Instruction of Ride Along Inspection Substitute Experience Course Session, Real Estate Apprentice and Inspector Sponsorship Form, Sales Agent Apprentice Education (SAE) Cover Sheet, Qualifying Education Provider Application, Abbreviated Registration of a Timeshare Plan, Application for Inactive Real Estate Sales Agent License, Presale Authorization for a Timeshare Plan, Renewal of Inspector License-Timely or Expired Less Than Six Months, Inspector Continuing Education (CE) Course Application, Application for Real Estate Broker License by an Individual, Continuing Education (CE) Provider Application, Inspector Non-Elective CE Course Application, Application for Real Estate Sales Agent License by Current or Previous Broker, Continuing Education (CE) Provider Application Supplement, Education Provider Annual Fee Application, 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 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, Application for: Inspector to Return to Active Status, 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, For Continuing Education Credit Certification of Completion of Ride Along Inspection Continuing Education Course Session, 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 Course Design and Delivery Criteria, 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), Real Estate Continuing Education (CE) Course Application, Real Estate Non-Elective Continuing Education (CE) Course Application, 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, 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), Continuing Education (CE) Course Application Supplement, Texas State Board of Plumbing Examiners (TSBPE), Use of Unlicensed Assistants in Real Estate Transactions, https://www.sos.state.tx.us/corp/namefilingsfaqs.shtml.