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What to Expect at the Next TREC Meeting

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.

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.

What Consumers Should Know About Texas Property Inspections

In a seller’s market, buyers may be tempted to waive an inspection entirely, or hire an inspector to do a walkthrough inspection of their ideal home to point out problems while the buyers take notes.

In a buyer’s market, sellers might think getting a similar inspection will make their listing stand out by disclosing information up front, so buyers will know what to expect.

Broker Responsibility Working Group: New and Revised Rules Up for Proposal, Recommendations for Identifying Brokerage Associations

The Broker Responsibility Working Group (BRWG) met January 11 and got updates from staff, discussed how to identify brokerage associations, and who should receive complaint notifications.

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. 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):