What happens if a license holder is convicted of a crime?
If a license holder is convicted of a felony or a criminal offense involving fraud it is a violation of section 1101.652(a)(1) of the License Act.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).The Commission does not have the authority to revoke or suspend a license holder that has been only charged or accused of committing a felony or criminal offense that involves fraud.A license holder is required to notify the Commission not later than the 30th day after the final conviction or the entry of a plea of guilty or nolo contendere. Failing to timely notify may result in more severe or further disciplinary action.All license holders’ criminal backgrounds are rechecked upon renewal, however, this does not excuse a license holder from notifying the Commission not later than the 30th day after the final conviction.
Broker Responsibility Working Group Appointments Announced
AUSTIN, TEXAS - The Texas Real Estate Commission (TREC) is pleased to announce the appointment of members to the Broker Responsibility Working Group (BRWG). The newly appointed working group will meet for the first time on June 9.
The Inspector Committee held its regularly scheduled meeting on April 13th. Due to social distancing rules throughout the state, the meeting was held via teleconference. This was the first time in my tenure that this has happened. A huge thank you goes out to TREC staff for getting this put together quickly to help us all stay safe while still getting the important work done that we need to.
This spring has been one of unimaginable changes for the agency, industry, and the world. COVID-19 and all that has come with it continues to make ripples throughout the country. TREC staff have been hard at work to keep things moving at the agency while continuing to provide excellent customer service and timely processing of applications.
TREC and Pearson VUE announce licensing exam centers to slowly re-open around the state after swift closure in March in response to the COVID-19 pandemic. TREC partners with Pearson VUE to offer licensing examinations. Pearson VUE operates both company-owned exam sites and third party sites. TREC has authorized the use of all Pearson VUE third party sites to expand exam capacity during this unprecedented time. All sites continue to enforce social distancing measures and safety requirement
The last few months have seen some unprecedented events happen in the world around us. The COVID-19 virus has brought much of the world to a screeching halt. In the interest of keeping everyone as safe as possible, the meeting of the full Inspector Committee scheduled for April 13th will not be conducted at the TREC building in Austin. The meeting will continue as scheduled, but it will be done via teleconference. Please check the TREC website for more details on how to call in
The month of March was one for the record books for us all. We started the month learning about the “Coronavirus” and by the end of the month, life as we know it was monumentally altered. Our staff came together quickly to orchestrate a colossal shift of our workforce to remote work. Our team remains energetic and determined to support license holders.
COVID-19 has impacted daily life as we know it. In the midst of this crisis, the Texas Real Estate Commission (TREC) has worked to ensure continued service to license holders and the public while protecting our employees. As a result, our physical offices in Austin are closed to the public, and staff and operations have transitioned to working remotely.
Due to the extraordinary events related to the COVID - 19 outbreak TREC has decided to postpone all dates on the upcoming introductory and planning tour. We will, to the best of our ability, reschedule all planned dates. If you have further questions about TREC's response to the COVID - 19 outbreak please be sure to refer to our FAQs.
The Texas Real Estate Commission is pleased to announce the launch of our Approved Course Search tool. Anyone can use this tool to search for currently approved qualifying or continuing education (CE) courses for real estate or inspector license holders. The tools allows individuals to search for a specific provider or type of course using one or more search functions. Locate a provider by searching their provider name, license number or all providers in the same city. Search for courses
Using Disclosure Forms And Contract Addenda Properly
Proper Use of Disclosure Forms
While a disclosure form is part of most real estate transactions, it is not a contract addendum. Since it is not a contract addendum, it should not be referenced in the “Agreement of the Parties” paragraph“ or otherwise made a part of the contract.
There has been a proliferation of the use of “coming soon” or “pocket” listings over the past year. While there may be legitimate reasons for the use of this marketing method, license holders should be aware that selling property using this method, under certain circumstances, may result in a complaint with the Commission and finding that the license holder has violated TREC laws and rules.
Memorial Day was the last day of the 85th Legislative session. Several bills were filed this session relating to the agency and its license holders but not all of those bills made it through the process. Following is a summary of bills that passed both houses of the Legislature and have direct effect on license holders.
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.
Use of Unlicensed Assistants in Real Estate Transactions
Brokers and sales agents often use unlicensed personnel for assistance in conducting their real estate brokerage activities. Such unlicensed persons, sometimes referred to as administrative assistants, can be of great help to a busy agent. However, care must be taken to ensure that the unlicensed person does not conduct any of the activities for which a real estate license is required.
From the Executive Director: A Progress Report to Agency Stakeholders
The agency has committed to implement a variety of measures to improve our customer service. This is a quick review of what we have done so far and what additional steps remain to be implemented to enhance our responsiveness.
The Inspector Committee has had a busy couple of months since it last met in February. On March 26th, the Inspector Consumer Issues Working Group met to review issues regarding inspector financial responsibility and insurance requirements and to also make recommendations for the Committee to consider. In addition to the Inspector Committee members, the Working Group included Paul Roebuck representing TPREIA and Mike Hammel representing TAREI.
From The Executive Director - Inspectors - April 2018
It’s been a busy start of the year for the Commission. I traveled around the state in March as part of our Agency’s biennial strategic planning listening tour. This allowed me to receive input first hand from license holders across the state about issues that impact them directly. Tony Slagle, the agency’s inspector staff liaison visited a local chapter of an inspector trade association to discuss concerns and answer their questions. This is something staff is committed to doing more often.
The Commission held its regular quarterly business meeting on Monday February 12th during the Texas Association of REALTORS Winter meeting in Austin, and we offered real estate continuing education (CE) hours for attendance, so we had a number of extra license holders join us that day. The Commissioners re-elected Commissioner Arriaga as Vice-Chair and Commissioner TJ Turner as Secretary for the next 12 months.
From the Chair - Inspector Committee - February 2018
The Inspector Committee met in Austin on January 22nd to discuss a packed agenda. Several inspectors made the trip to Austin for this meeting. I would like to thank everyone who took time out of their busy schedules to attend and I appreciate your important input.
As the next Commission meeting on Monday February 12th rapidly approaches, there are several issues that loom large and we need to emphasize. First, this is our year for both strategic planning and rule review, so we will be discussing opportunities to remove any identified barriers or red tape that hinders or
From The Executive Director - Inspectors - January 2018
It was a busy year for the Inspector Committee on the education front. The major accomplishment for the committee was completing the much-needed revision on the SOP Legal and Ethics continuing education coursework, which became mandatory as of September 1 of last year.
Happy New Year! It’s January and 2018 promises to be filled with important activity. Even numbered years are always a time when the agency must update our 5-Year Strategic Plan and so that means we will have some significant opportunities for additional targeted input from our license holders and the public on general topics and specific areas of current interest. Look for a list of topics and a schedule of Listening Tour events to be published in February.