A student shall complete the subsequent final examination no later than the 90th day after the date the original class concludes. This section does not prohibit an inspector from paying or receiving a fee or other valuable consideration, such as to or from a contractor, for services actually rendered. To be eligible for a real estate license, an applicant must: meet the following requirements at the time of the application: be a citizen of the United States or a lawfully admitted alien; comply with the fingerprinting, education, experience and examination requirements of the Act; and. The Commission may request supporting documentation evidencing the legal authority to use the alternate name if the last name submitted is different from the last name shown on the license issued by the Commission. For the purposes of this section, an "inactive" inspector is a licensed professional inspector, real estate inspector, or apprentice inspector who is not authorized by law to engage in the business of performing real estate inspections as defined by Chapter 1102. Required revision of a currently approved qualifying course. If a registrant fails to update the contact information, the last known contact information provided to the Commission is the registrant's contact information. In this section, "settlement service" means a service provided in connection with a prospective or actual settlement, and "settlement service provider" includes, but is not limited to, any one or more of the following: a federally related mortgage loan originator; a lender or other person who provides any service related to the origination, processing or funding of a real estate loan; a person who prepares documents, including notarization, delivery, and recordation; a person who provides credit report services; a person who provides mortgage insurance services; a person who provides services involving hazard, flood, or other casualty insurance, homeowner's warranties or residential service contracts; a person who provides any other services for which a settlement service provider requires a borrower or seller to pay. Most experienced agents understand this concept, and by adding this clarification to the law, the 86th Texas Legislature is emphasizing how important this obligation is for license holders. A motion may be granted only if a majority of the Enforcement Committee members are present and vote in favor of the motion. An applicant must use TREC No. Questions must be limited to the record and to the arguments made by the parties. Applicability of the legal principles discussed in this material may differ substantially in individual situations. the inspector's failure to satisfy continuing education requirements. To be approved by the Commission to offer real estate, easement or right-of-way, or real estate inspector continuing education courses, the applicant must satisfy the Commission as to the applicant's ability to administer courses with competency, honesty, trustworthiness, and integrity. Copies of the appeal must be mailed or delivered by the appealing party to other interested parties and must contain an affidavit that such copies have been provided. Except as otherwise provide by this section: a person applying for a sales agent or broker license under this chapter must comply with all requirements of 535.51 of this title; and. The administrative penalties set forth in this section consider the criteria listed in 1101.702(b) of the Act. Quorum. Sponsored Experience and Education Requirements for a Real Estate Inspector License. A broker may only authorize another license holder to withdraw or transfer money from any trust account but the broker remains responsible and accountable for all trust money received by that broker and all deposits to or disbursements from the trust account. Terminated application. has passed the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors. rental property management rent collection15 points per property. concrete flatwork such as driveways, sidewalks, walkways, paving stones or patios; past repairs that appear to be effective and workmanlike except as specifically required by these standards; the presence or absence of pests, termites, or other wood-destroying insects or organisms; corrosive or contaminated drywall "Chinese Drywall"; or. For the state portion of the examination, questions shall be used which measure competency in the subject areas required for a license by Chapter 1102, and which demonstrate an awareness of its provisions relating to inspectors. Brokerage team management or delegated supervision12 points per month. If a locator advertises more than one apartment unit in the same advertisement and lists amenities or features generally without providing the features or amenities available at a specific rent for a specific unit, the advertisement must include a statement having a meaning substantially equivalent to one of the following. The Commission may deny an application to renew an elective CE course approval if the provider is in violation of a Commission order. What is geographic competency? If the executive director of the Commission has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the Commission that the potential ground exists. the item is a common element of a multi-family development and is not in physical contact with the unit being inspected, such as the foundation under another building or a part of the foundation under another unit in the same building. the course was approved for continuing education credit for the other occupational license; the inspector demonstrates successful completion of the course by submitting: other proof satisfactory to the Commission; and. Geographical competency is just the result of the two rules that are present being conflated into something that's ill-advised and ill-implemented. A visit to the Texas Water Development Board site and the Texas Commission on Environmental Quality (TCEQ) site provides maps of the state in which a local GCD has jurisdiction over area groundwater. an inspection of an improvement to real property that includes the structural and equipment/systems of the unit constitutes a single inspection. Scenario-based learningThe use of scenarios to support active learning strategies such as problem-based or case-based learning where students must apply their subject knowledge, critical thinking and problem solving skills in a real-world context. Application to Renew the Registration of a Timeshare Plan, Form TSR 8-2. A filing fee is not refundable once an application is accepted for filing by the Commission. The Commission may approve the use of a computer file or program that permits a principal of a license holder to strike through language of the form text. Commission staff will periodically send written notice to the complainant and each respondent of the status of the complaint until final disposition. the absence of performing emergency escape and rescue openings in all sleeping rooms; an attached garage doorway that is not equipped with self-closing or automatic closing devices; a door between the residence and an attached garage that is: a solid wood door less than 1-3/8 inches thick; a solid honeycomb core steel door less than 1-3/8 inches thick; or. The Commission shall investigate complaints against approved providers which allege acts constituting violations of the Act, Chapter 1102, Texas Occupations Code and Commission rules. If the Commission receives a complaint, or is presented with other evidence acceptable to the Commission, alleging that an accredited college or university is not in compliance with their accreditation association's curriculum accreditation standards for a real estate, easement or right-of-way, or real estate inspection course offered under subsections (c), (d), or (e), or is not complying with the requirements of this Subchapter for a real estate, easement or right-of-way, or real estate inspection course not offered under subsections (c), (d), or (e), the Commission may investigate the allegation and/or anonymously audit the course in question. Typefaces or fonts must appear to be identical to those used by the Commission in printed copies of the particular form. Box 12188, Austin, Texas 78711-2188 or www.trec.texas.gov. Continuing education credit for students. PerformanceAchievement of an operation, function or configuration relative to accepted industry standard practices with consideration of age and normal wear and tear from ordinary use. The geo-graphic boundaries should be clear and infor-mative. An inactive sales agent may not practice as a licensed sales agent until sponsored by an active Texas licensed broker. If a net listing is used, the listing agreement must assure the principal of not less than the principal's desired price and limit the broker to a specified maximum commission. sending the motion via fax to (512) 936-3788, ATTN: TREC General Counsel. For the purposes of 221.023 and subsections (b)(26), (c)(9) and (d)(32) of 221.032 of the Texas Timeshare Act, a developer shall file amendments to the registration reporting to the Commission any material or materially adverse change in any document contained in a registration. sponsorship agreements between the broker and sponsored sales agents. Remove the Commission's logo or substitute the inspector's logo in place of the Commission's logo. The following acts committed by an approved provider or qualified instructor acting on behalf of the provider, are grounds for disciplinary action by the Commission against the provider: procuring or attempting to procure approval for a provider or course by fraud, misrepresentation or deceit, or by making a material misrepresentation of fact in an application filed with the Commission; making a false representation to the Commission, either intentionally or negligently, that a person had attended a course or a portion of a course for which credit was awarded, that a person had completed an examination, or that the person had completed any other requirement for course credit; aiding or abetting a person to circumvent the requirements for attendance established by these sections, the completion of any examination, or any other requirement for course credit; failing to provide, not later than the 15th day after the date of a request, information requested by the commission as a result of a complaint which would indicate a violation of these sections; making a materially false statement to the Commission in response to a request from the Commission for information relating to a complaint against the approved provider; disregarding or violating a provision of this Chapter or the Act; or. A provider shall provide each student enrolled in a course with an instructor and course evaluation form and provide a link to an online version of the form that a student can complete and submit any time after course completion. When a protest has been appealed to the Executive Director or the Executive Director's designee under subsection (f) of this section and has been referred to the relevant Commission or Board by the Executive Director or the Executive Director's designee under subsection (g) of this section, the following requirements shall apply: Copies of the appeal, responses of interested parties, if any, and the general counsel's recommendation shall be mailed to the Commission members and interested parties. The Commission may waive the education required for a real estate sales agent license if the applicant: was licensed either as a Texas real estate broker or as a Texas real estate sales agent within two years before the filing of the application; and. 1. You should contact your attorney to obtain advice with respect to any particular issue or problem. The Commission may waive the national portion of the examination of an applicant for a broker or sales agent license if the applicant maintains an active license in another state equivalent to the license being applied for, and has passed a comparable national examination accredited or certified by a nationally recognized real estate regulator association. A provider may permit a student to take one subsequent final examination if the student fails the initial final examination. Geographical Competency: Distance Little to do With Competency The course completion certificate shall show: the dates the student began and completed the course; and. Foreign business entities must also be permitted to engage in business in Texas to receive a Texas real estate broker license. Prior to a student enrolling in a course, a provider approved by the Commission shall provide the student with a pre-enrollment agreement that includes all of the following information: an itemized list of any fees charged by the provider for supplies, materials, or books needed in course work; the provider's policy regarding the refund of tuition and other fees, including a statement addressing refund policy when a student is dismissed or withdraws voluntarily; the acceptable makeup procedures, including any applicable time limits and any fees that may be charged for makeup sessions; the procedure and fees, if applicable, associated with exam proctoring; the procedure and fees for taking any permitted makeup final examination or any permitted re-examination, including any applicable time limits; and. PersonAny individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision. Each sponsored sales agent complies with the Commission's advertising rules. meet the honesty, trustworthiness, and integrity requirements under the Act. An accredited college or university may not represent that a course qualifies for credit by the Commission unless the accredited college or university receives written confirmation from the Commission that the course has been preapproved for credit. An independent contractor is not an employee. A member of the public may comment for up to three minutes on any agenda item or non-agenda item at a regular quarterly Commission meeting. inclusion on lists of inspectors or other settlement providers contingent on other financial agreements. To become licensed as a real estate inspector a person must satisfy the 90-hour education requirement for licensure by completing the following coursework: 10 hours in heating, ventilation, and air conditioning systems; 4 hours in Texas Standard Report Form/Report Writing; and, Educational Requirements for a Professional Inspector License. Experience Requirements. measure and report the temperature difference between the supply air and the returned air or report industry-accepted method used to determine performance; and, generally report extraneous factors or conditions, present on the day of the inspection, that would adversely impact the temperature differential of an otherwise performing unit; and. Maintenance of CE provider's records is governed by this subsection. If the total of the interest on eligible actual damages of all claims exceeds the amount remaining to be paid from the Real Estate Inspection Recovery Fund, the interest on eligible actual damages are prorated, and no other interest, attorney fees, or court costs are paid. Violations of Standards of Practice, 535.227-535.231 of this chapter. Free updates are included as part of your purchase. federally related mortgage loan originator; a person who provides services involving hazard, flood, or other casualty insurance, homeowner's warranties, or residential service contract; An inspector shall not pay or receive a fee or other valuable consideration to or from any other settlement service provider for, but not limited to, the following: inclusion on a list of inspectors, preferred providers, or similar arrangements; or. If you feel there has been a violation of