A new rule effective earlier this summer sets a timeline of two calendar days to respond to parties to a real estate transaction you’re involved in. Here’s what you need to know.

What Is the Rule?

535.157, Obligation to Respond Timely

When Did it Go into Effect?

June 11, 2023

What is Required?

Brokers or sales agents must respond within two calendar days to:

Effective October 1, 2023, sales agents renewing their license for the first time—both active and inactive—are required to complete an approved 30-hour Real Estate Brokerage course as part of their 90 hours of Sales Agent Apprentice Education (SAE). This change was adopted during the May Commission meeting. Find out more about sales agents' first-time renewal requirements.

The Texas Real Estate Commission's Education Standards Advisory Committee (ESAC) met April 3.

ESAC addressed comments received regarding proposed changes to 22 §TAC 535.64, Content Requirements for Qualifying Real Estate Courses.  TREC staff clarified that the rule proposal simply cleans up the rule language to remove the references to topics required for each course, rather, pointing specifically to each qualifying course approval form to define content. 

The Texas Real Estate Inspector Committee (TREIC) met April 18.

The Broker Responsibility Working Group (BRWG) met April 12. Members reviewed public comment submitted in response to a new proposed rule, 535.157 — Obligation to Respond Timely, and proposed changes to 535.2 — Broker Responsibility Rule. The group also continued discussion regarding the difference between a broker and a sponsoring broker, and whether there should be additional education requirements for sponsoring brokers.

The Texas Real Estate Commission met February 13 in Austin. In addition to hearing updates from TREC staff, the Commission elected Mark Woodruff as vice chair and Ben Peña as secretary. Read on for information on adopted and proposed rule changes.

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. Here are the highlights of what will be considered, including inspection report rule changes, proposed SAE requirements, and changes that affect broker responsibility and sales agent oversight of brokerage activity.

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.

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.

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. The Unauthorized Practice of Law Working group recommended a new rule, 537.1, Definitions, and amendments to Section 537.11, use of Standard Contract Forms.