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Acronym: 
SES-TREC

Make Sure Paragraph 21 is Filled Out

The One to Four Family Residential Contract (Resale), like many contracts, contains a “Notices” provision. In that TREC contract, the provision is in Paragraph 21. This needs to be filled out so the parties know where a notice should be sent or delivered to be effective. A license holder should remind their client how important this provision is and ensure, to the extent possible, that it gets filled out fully and accurately.

 

Do You Advertise Your Business? Read This!

Texas Real Estate Commission adopted new advertising rules at its November meeting. These rules are effective as of May 15, 2018, which gives license holders 6 months to comply with the updated requirements.
§535.154 lays out alternate, assumed business and team name registration requirements and §535.155 lays out the revised advertising requirements. You can read both rules on our website.

Reporting Visible and Present Indications of Adverse Performance in a Foundation

Section 535.228(a) of the Texas Administrative Code (Foundations) requires an inspector to render a written opinion as to the performance of the foundation. Many inspectors understand this to mean one of two things; the foundation is either performing or it is not performing. But sometimes the inspector is unable to determine this with sufficient confidence.

Residential Service Companies (Home Warranties)

Residential Service Companies (RSCs) are licensed by TREC to offer residential service contracts (also known as home warranties) to consumers for services related to the mechanical failure or failure of an appliance or household system due to normal wear and tear of an appliance or household system. These contracts are typically offered at the point of sale of a home. The contract can cover a wide range of systems including appliances, plumbing, electrical, pools, and water heaters.

Responding to a TREC Investigation

The filing of a complaint against a real estate license holder is not uncommon.  In fiscal year 2019, the Texas Real Estate Commissions’ Standards & Enforcement Services Division (SES) reviewed 1,615 complaints filed by consumers against real estate brokers and sales agents and Commission investigators completed 467 field investigations.  

The goal of an investigation is to protect consumers and to uphold the integrity of the real estate profession by gathering the facts necessary to resolve the complaint.