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Make Sure Paragraph 21 is Filled Out

The One to Four Family Residential Contract (Resale), like many contracts, contains a “Notices” provision. In that TREC contract, the provision is in Paragraph 21. This needs to be filled out so the parties know where a notice should be sent or delivered to be effective. A license holder should remind their client how important this provision is and ensure, to the extent possible, that it gets filled out fully and accurately.

 

What’s in a Name? Advertising Name Types under TREC Rule 535.154

Definitions:

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.

TREC's Advertising Rules - What You Need To Know

The effective date of the new rules is May 15, 2018, and we want to make sure everyone is thoroughly prepared for the changes.

Background

These rules are the result of years of work by the Commission and key stakeholders focusing on clarity of advertisements for consumers with the least restrictions on license holders. The rules also update, interpret and balance revised statutory requirements supporting free commerce and business competition with those protecting the consumer from misleading advertisements.

Do You Advertise Your Business? Read This!

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.

2017 Legislative Update from TREC

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.

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. 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.

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):