The Broker Responsibility Working Group (BRWG) met January 11 and got updates from staff, discussed how to identify brokerage associations, and who should receive complaint notifications.
Recommended Rule on Response Times
Last year, the BRWG recommended a new rule, 535.157, that requires a broker or sales agent to respond to his or her principal, a broker or sales agent representing another party to a real estate transaction, or an unrepresented party to a real estate transaction within two calendar days. The Commission will vote on whether to propose this new rule at its meeting on February 13.
Recommended Rule Amendments on Oversight of New Brokerage Activities
Also last year, the BRWG recommended amending 535.2(i)(5) to increase the minimum number of times a broker must ensure assistance and coaching for a new brokerage activity performed by an agent from one time to three times. The working group also proposed amending 535.2(j) to modify the language of that subsection to accommodate the new rule 22 TAC 535.157, which requires both brokers and sales agents to respond to principals to a real estate transaction or their license holders within two calendar days. Importantly, the requirement a sponsoring broker respond to his or her sponsored agents is still in effect under 22 TAC 535.2. The Commission will vote on whether to propose these changes at its meeting on February 13.
Once proposed by the Commission, a public comment period will open where you can provide feedback about these changes. Public comments received are provided to the BRWG to consider at its next meeting.
Ways to Clarify Brokerage Association to the Public
The BRWG voted to recommend to the Commission explore providing public notification via the TREC website to show when an individual broker is associated with a brokerage entity or a sponsoring broker.
Who Should Get Notified About a Complaint?
The BRWG voted to recommend to the Commission that when a broker-associate receives a license complaint that the broker entity or designated broker with whom the broker-associate affiliates with also receive notification about the complaint.
Where to Find Meeting Materials
Find meeting materials on the meeting page.
Upcoming Meeting Information
The next meeting of the Broker Responsibility Working Group is April 12. In accordance with normal Commission practice, any meeting materials will be available on the TREC website before the meeting. To participate by providing public comment during the meeting, contact us by 5 p.m. CT on April 11 with the agenda item number you wish to speak on. If you are unable to attend the meeting live, you can email your public comments instead.