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.
The Texas Real Estate Commission’s advisory committees and working groups have made several recommendations that the Commissioners will discuss and potentially propose or adopt during the TREC Meeting on February 13.
Unauthorized Practice of Law Working Group Recommends Dropping Rule Proposal Eliminating Use of Brokerage-Specific Forms Prepared by an Attorney
Based on recommendations from the Unauthorized Practice of Law Working Group, the Commission proposed at its November 2022 meeting a new rule—Section 537.1, Definitions—and amendments to Section 537.11, Use of Standard Contract Forms. The proposals were published in the Texas Register to allow for public comment.
ESAC Recommends 30-Hour Real Estate Brokerage Course as Part of SAE Requirement and Updates to Property Management Course Outline
The Education Standards Advisory Committee (ESAC) met January 9 and appointed new leadership, discussed the revised property management course outline, and made recommendations for the Commission to propose an amendment to 535.55.
New Committee Officers
The committee appointed three new officers to serve through 2023:
Revised Forms Available for Voluntary Use, Mandatory Use Begins February 1, 2023
The form revisions adopted by the Texas Real Estate Commission in early November are now available for voluntary use until February 1, 2023, when their use becomes mandatory. The only exception is the revised Notice to Prospective Buyer(TREC 57-0) form, which will remain a voluntary use form.
Comment on Proposed Rule Changes by December 25: Unauthorized Practice of Law, Using the Standard Inspection Report Form
During the November TREC Meeting, the Commission proposed two rule amendments and one new rule. The Texas Real Estate Inspector Committee recommended the proposal of amendments to 535.223, Standard Inspection Report Form.
TREC Adopts Revised Forms, Proposes Rule Changes to Clarify the Unauthorized Practice of Law
The Texas Real Estate Commission met November 7 and received updates from advisory committees and staff, adopted revised forms, and proposed revisions to rules related to the inspection form and the unauthorized practice of law. Here are a few key takeaways from the meeting.
Appointments Made to ESAC, TREIC
The Commission appointed the following individuals to serve on the Education Standards Advisory Committee (ESAC):
Scam Alert! Make Sure You Know If A Message Is From Us
UPDATE: Due to a recent resurgence of SPAM messages being sent out to our license holders, we wanted to remind you of these tips to help keep your information secure!
Scammers or Spammers sometimes try to copy and email and text from messages from TREC or TALCB to trick you into providing personal information. We know this can be confusing and frustrating, and we want to help make sure you don't fall victim to these schemes.
Beware of Possible Scams before Sending Money via Wire Transfer
Before wiring money for an escrow deposit or to close on a home purchase, License Holders should make sure to talk with their clients to ensure they are sending funds to the correct recipient and account. Consumers should not rely on instructions sent by email without contacting their broker or sales agent to verify the instructions are correct, since emails may be hijacked by potential scammers.
TREC has been made aware of a scam requesting information from license holders. The request is sent by email by someone posing as the Texas Real Estate Commission and asks that information be provided to them and provides a link to follow (see example emails).
How You Can Help TREC Raise the Bar in Texas Real Estate
Greetings from Austin. We are just on the other side of another Commission meeting and participation in Texas REALTORS Winter Meeting. I love that these two events occur at the same time in Austin so that attendees of the Winter Meeting can also attend the Commission meeting (and receive CE credit).
From the Chair - Inspector Committee - October 2021
The Texas Real Estate Inspector Committee met on October 11 via videoconference. There was not much on the agenda as the committee has covered a lot of ground the last couple of years. There was a discussion about the new Property Inspection Report Form (REI 7-6) that will be required to be used as of February 1, 2022. There is a new section in that report form for Gas Distribution System and Gas Appliances. There was a concern that there might be confusion on where to put deficiencies in
From the Chair - Inspector Committee - September 2021
The TREC Commissioners met on August 9th in Austin. There were a few inspector-related items that were on their agenda. The commissioners voted unanimously to approve the new revisions to the Standards of Practice that have been in the works for the last few years. The new Standards of Practice will go into effect on February 1, 2022. This should allow for adeq
September in Texas. The month we wish for fall, with pumpkin spice lattes and cooler weather. In reality, we have to wait many more weeks before going outside without melting in the sun. Here’s to the first cold front coming soon.
Summer is coming to an end, and I cannot believe how quickly time has flown. The hot temperatures here in Texas do not seem to compare to the red-hot real estate market. I am forever grateful for the opportunity to work in this state with so many hardworking, knowledgeable license holders who make a difference in the lives of so many Texans every day.
The Inspector Advisory Committee (IAC) met on July 12th in Austin. This was the first meeting that the IAC has had in person in some time, and it was good to be face to face again. There were a few items on the agenda this go around that entailed some lengthy discussion. The IAC discussed comments received on the proposed rule to require an inspector to obtain permission in writing from a client prior to obtaining a referral fee, or other valuable consideration, for referring se
Education Standards Advisory Committee Accepting Applications for Members
The Texas Real Estate Commission's Education Standards Advisory Committee (ESAC) is accepting applications to fill two education member positions by real estate instructors or owners of real estate schools, accredited by the Commission, that provide qualifying or continuing education. It is also accepting applications to fill four real estate license holder positions.
Multiple state agencies, including Texas Real Estate Commission and Texas Appraiser Licensing & Certification Board, are experiencing technical difficulties with the services we use to handle phone calls. The phone system is currently down as the Texas Department of Information Resources troubleshoots the issue.
During the 87th regular session, the Texas legislature passed SB 1588 which amended Chapter 209 of the Texas Property Code governing certain property owners ' associations (more commonly known as HOAs) to address a number of HOA-related issues, including providing greater transparency in HOA operations and leadership.
During the 87th regular session, the Texas legislature passed SB 1588 related to Home Owner Associations (HOAs). This bill requires TREC to establish a database to accept management certificates from HOAs.
The Texas Real Estate Commission (TREC) is pleased to announce the appointment of two broker members to the TREC Broker-Lawyer Committee. Broker members Dianne McCoy and Mary Miner were appointed at the August 2021 Commission meeting with terms set to expire in 2027.
As a result of the healthy Texas real estate market, the agency has seen an increase in new applications and longer hold times. TREC is committed to providing superior customer service to anyone who reaches out to the agency. Part of that commitment is a dedication to ensure short hold times and quick responses to emails.
In case you missed it, we have published the May "Coffee with the Commission" session. TREC Chair, Scott Kesner and TREC Executive Director, Chelsea Buchholtz discussed the latest from the May TREC Commission meeting and answered your questions about recently adopted rules, the legislative session, upcoming events, and more.
Proposed and Adopted Rules from the May 2021 Commission Meeting
During the May Commission meeting, rules relating to the Inspector Standards of Practice (SOP) were proposed. These proposed revisions are the product of many meetings of the Inspector SOP subcommittee and the work of the entire Texas Real Estate Inspector Committee. The Commission also adopted a rule which helps streamline the process for petitioning the Commission for the adoption of rules. See the full agenda and mate
AUSTIN, TX – The Texas Real Estate Commission (TREC) is pleased to announce the confirmation of broker members Leslie Lerner and Mark Woodroof and public member Ben Peña as new commissioners for terms to expire on January 31, 2027. The Commissioners were nominated in March and were confirmed by Senate vote on April 28, 2021.
There may be instances where a client wants to add language to a real estate contract. In a “hot market,” it is not uncommon for a buyer to want an escalation clause added to the contract (for example, language stating the buyer will pay “X amount more than the highest offer if other offers are present”).
What happens to your license when your broker dies?
If there is one thing the COVID-19 pandemic has taught us is to expect the unexpected and that planning is essential for you and your business. While succession planning in the event of a broker’s death is largely outside of TREC’s jurisdiction and is primarily a private business decision, it may be helpful to keep a few things in mind.
Update to the Qualifying Education Course Posting System
TREC is pleased to announce an update to the Posting System that allows all providers of real estate Qualifying Education (QE) courses to post course credit directly into the agency’s system of record. The student must have a TREC real estate sales agent or broker license number to award qualifying credit.
Rule Amendments Regarding Credit for Professional Designation Courses
The Commission recently voted to eliminate references in TREC rule §535.92(f) to professional designations and automatic CE credit for taking courses required to obtain one of these designations. These amendments eliminate an alternative path for license holders to request CE credit for professional designations and removes the list of specific designations.
The Education Standards Advisory Committee (ESAC) met by videoconference on October 4, 2021. ESAC Chair Kelea Youngblood opened the meeting by honoring the life and accomplishments of ESAC member and long-time license holder, Lynda Conway. Ruben Pena was welcomed back to the committee in her place.
What’s the Difference Between the Texas Practicum and a Ride Along Course Session?
The 40 Hour Texas Practicum is a pre-licensing requirement for applicants following the Substitute Experience and Education Requirements for a Real Estate or Professional Inspector. A Ride-Along session is no longer a requirement for pre-licensing, but is still an option for obtaining inspector continuing education (ICE) credit.
An upload feature has been added to the CE Posting System. The upload feature allows CE providers to use a CSV file to upload CE course completions for real estate agents, inspectors, and appraisers as an alternative method to manual entry.
The 87th Texas Legislature enacted HB 2730, requiring easement/right of way (ERW) agents to complete 16 hours of qualifying education prior to registration and 16 hours of continuing education per registration period. As a result, TREC will establish an education program for ERW agents.
The current inspector non-elective CE courses, 4-hour Inspector Legal & Ethics, and 4-hour Standards of Practice Review course expire on August 31, 2021. Please be sure all students enrolled in these courses are notified to complete these two courses before August 31, 2021.
The new 8 Hour Inspector Legal & Ethics and Standards of Practice Review course will replace the two inspector non-elective courses on September 1, 2021.
How Education Providers Can Submit Course Applications
Education providers can electronically provide TREC their course content, text materials, quizzes, exercises, and exams using SharePoint. The only item education providers must send by mail is the application form and the required fee. Once mailed, contact the Education & Examinations Division to receive instructions for using SharePoint.
Renewal of Qualifying Real Estate and Inspector Courses
To expedite the renewal of qualifying courses where content, design, and delivery have not changed, qualifying education (QE) providers may submit the appropriate Qualifying Course Application (Real Estate or Inspector) and the Qualifying Course Renewal Certif
The new 8 Hour Inspector Legal & Ethics and Standards of Practice Review course is effective on September 1, 2021. This course replaces the 4-hour Inspector Legal and Ethics and the 4 hour Standards of Practice Review courses.
On September 1, 2021 inspectors are required to complete a new 8 Hour Inspector Legal & Ethics and Standards of Practice Review course as part of the 32 hours of inspector continuing education (CE) required to renew or activate a license.
This course will replace the two inspector non-elective CE courses, 4-hour Inspector Legal & Ethics, and 4-hour Standards of Practice Review course that will expire on August 31, 2021.
Temporary Allowance for New Texas Practicum Courses
New inspector pre-licensing education and experience requirements begin March 1, 2021. The new experience requirement includes a 40 hour Texas Practicum, which must consist of a minimum of five complete and in-person inspections. In light of the current COVID-19 pandemic, TREC will grant a temporary allowance for on-site inspections to take place virtually, as long as the Practicum instructor conducts inspections live and on-site, and the instructor and students are able to interact with ea