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.
Many of you know that the Texas Real Estate Commission (TREC) and the Texas Appraiser Licensing and Certification Board (TALCB) is currently undergoing a review by the staff of the Sunset Advisory Commission. But what is a Sunset review and why is it necessary?
In the mid-1970s, many states, including Texas, established Sunset laws as a method to introduce an additional level of accountability for state agencies. Here’s a breakdown of how the process works in Texas:
In early April, the Texas Real Estate Commission publicly apologized to Texans for the unacceptable quality of our customer service efforts and we promised to take a number of steps to do better. This is a progress report on what we have done so far and what additional steps remain to be implemented to restore and improve our service.
Required Revisions to Remaining Qualifying Courses
Deadlines for content revisions to the Real Estate Appraisal, Real Estate Investments, Real Estate Law and Residential Inspection for Real Estate Agents qualifying real estate course topics were adopted and are effective on August 7, 2018 for classroom courses and November 7, 2018 for courses offered through distance education. If you have not resubmitted your courses for review, you may do so by mailing the
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.
What’s in a Name? Advertising Name Types under TREC Rule 535.154
Broker Assumed Business Name (DBA) is another name for the broker’s business that can be used by all sponsored sales agents and brokers associated with this broker. Another name that indicates a broker’s line of business, e.g. property management or commercial is also a DBA.
The Sunset Review of the Texas Real Estate Commission and Texas Appraiser Licensing & Certification Board
The mission and performance of the Texas Real Estate Commission and Texas Appraiser Licensing & Certification Board are under review by the Legislature as required under the Texas Sunset Act. The Act provides that the Sunset Commission, composed of legislators and public members, periodically evaluate a state agency to determine if the agency is still needed and to explore ways to ensure that the agency's funds are well spent. Based on the recommendations of the Sunset Commission, the T
The answer to this question is “yes” if a broker has delegated to you in writing the responsibility to assist the broker in complying with The Real Estate License Act and Commission Rules. When this delegation exists to supervise sales agents sponsored by the broker, your name must appear on the Information About Brokerage Services form as the “Licensed Supervisor of Sales Agent/Associate.” A sales agent or broker may act as a delegated supervisor.
Flexibility Added for Posting a Link to IABS and Consumer Protection Notices
Effective December 6, 2017
Since February 2016, you are required to have a specific link for each of these notices in a readily noticeable location on the homepage of your business website. The Commission has adopted amendments to those rules that give you additional flexibility when posting the link to the Consumer Protection Notice.
Administrative penalties are not revenue -- the Commission doesn’t make money from administrative penalties. Instead, the money goes to a trust account to pay consumers for judgments against a license holder.
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.
TREC has been made aware of a scam requesting money from our license holders. The request is sent by text by someone posing as the Texas Real Estate Commission and asks that a specified amount be paid through Square Cash and provides a link to pay the amount (see example texts below).
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.
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.
The Commission met on November 13th for its regular quarterly meeting and it was one of the most productive – and lengthy – that we have had for many years. Despite its length, we recognized recent accomplishments and achieved some major milestones that we have been working on for over two years. We began by ratifying a very generous set of accommodations implemented in response to the unprecedented impact of Hurricane Harvey. Up to six full months of deadline extensions are ava
From the Chair - Inspector Committee - December 2017
The Inspector Committee met in Austin on October 9th and for the first time, the meeting was available to be viewed online in real time. This allowed license holders and members of the public to view the meeting live. This was an initial test run to see if streaming the meeting will be practical. No decision has yet been made about future streaming as TREC staff is continuing to explore options.
From the Executive Director - November 2017 - Inspectors
The new fiscal year started on September 1 and it has already been an eventful year. Hurricane Harvey hit the Texas coast at the end of August and caused unprecedented damage and disruption to those persons living and doing business in that part of the state. In recognition of the hardship caused by Hurricane Harvey, the Commission extended licensing and renewal deadlines statewide for all license holders and applicants with August and September deadlines until October 31, 2017.
October has just concluded and November is here. This is always an exciting time with the World Series (How about those Astros!?), Halloween and Dia de Los Muertos, and the beginning of deer hunting season in Texas. October 31 also closes our State Employee Charitable Campaign month, with new highs reached each year for generosity by our team members.
The full Inspector Committee met on Monday, July 17. On the agenda was a discussion of the pros and cons of continuing to exempt certain education providers from TREC licensure requirements (22 TAC 353.71 and 22 TAC 535.218).
The Commission met on August 7th for its regular quarterly meeting. Because of the number of bills that passed during the 2017 legislative session affecting the agency’s license holders and the agency’s operations, a large number of draft rules were proposed.
As the Commission and its staff get prepared for its next meeting on Monday, August 7th, I am pleased to tell you that the summer has been very productive. All of the agency teams are handling very high volumes of matters, even with daily staff numbers reduced due to summer vacations.
Join us for our Agency’s 2nd annual Texas Residential Realty Summit. This annual conference focuses on current issues affecting the successful closing of single family residential transactions transaction from an interdisciplinary perspective.
AUSTIN, TX - The Texas Real Estate Commission (TREC) and the Texas Appraiser Licensing & Certification Board (TALCB) are pleased to announce our biennial strategic planning listening tour. License holders and the public are invited to participate in the agency’s preparation of its 2019-2023 Strategic Plan by offering input at one of the following sessions:
Commission Appoints Six to Education Standards Advisory Committee
AUSTIN, TX – The Texas Real Estate Commission is pleased to announce the recent appointments of six new committee members to the Education Standards Advisory Committee. Sarah Norman of Bryan, Jason Woodward of Amarillo, Felicia Peters of Grandbury, Scott Kesner of El Paso, Rob Cook of Houston, and public member Marcela Gomez of Austin have been appointed as members, with terms set to expire in 2019.
TREC Announces Extension For All License Holders Affected By Hurricane Harvey
In the wake of Hurricane Harvey, the Texas Real Estate Commission and the Texas Appraiser Licensing and Certification Board (the Agency) extended all deadlines for two months for all license holders and applicants statewide with license expiration or application deadlines in August and September. This extension ended on October 31, 2017.
AUSTIN, TX - Governor Abbott has appointed three new members to the Texas Real Estate Commission; broker members, Jan Fite Miller and DeLora Wilkinson and a public member Micheal Williams with terms set to expire January 31, 2023. These new members will join the Commission for its next regular quarterly meeting in Austin on November 13, 2017.
Testing Provider Closing Testing Centers Due To Hurricane
Due to Hurricane Harvey, our testing provider, Pearson Vue, will be closing some of the sites in Texas over the next few days. Site closures keep coming in, and they are reaching out to all candidates via email to let them know that their appointment will need to be rescheduled.
Be sure to reach out to our testing provider, Pearson Vue with any questions you may have.
The Texas Real Estate Commission (TREC) is pleased to announce that the agency’s completely redesigned website has been recognized for excellence by the Association of Real Estate License Law Officials (ARELLO) with a 2017 Communication Award. ARELLO is an international organization of real estate licensing agencies and individuals involved with regulation of the real estate industry globally.
Mortgage Fraud Task Force Dissolved, But Interagency Cooperation Remains
Governor Abbott Has Signed SB 526
SB 526 abolishes the Residential Mortgage Fraud Task Force established under the Government Code. However, the bill maintains the ability of those agencies who were members of the task force to share information related to mortgage fraud and also protects the confidentiality of any information shared.