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Do You Really Have to Provide a Flood Disclosure for Temporary Residential Leases?

Yes. A bill passed during the 87th Texas Legislative Session does not generally exempt landlords of temporary residential leases from providing a disclosure notice about whether the landlord is aware that the dwelling is located in a 100‐year floodplain or that the dwelling has flooded within the last five years.

Comment on Proposed TREC Form Revisions by September 26

The Texas Real Estate Commission at its August meeting proposed form revisions recommended by the Texas Real Estate Broker-Lawyer Committee. The Texas Real Estate Broker-Lawyer Committee an advisory body consisting of six attorneys appointed by the president of the State Bar of Texas, six brokers appointed by TREC, and one public member appointed by the governor. 

TREC’s Latest Meeting Results in New Flood Disclosure Form for Leases, Updated Broker Responsibility Course for 2023

The Texas Real Estate Commission met August 8, 2022. The Commission adopted the new Landlord’s Floodplain and Flood Notice (TREC 54-0) form and revisions to the Seller’s Temporary Residential Lease (TREC 15-6) and the Buyer’s Temporary Residential Lease (TREC 16-6) forms, as well as non-substantive rule changes from the agency’s quadrennial rule review. Read on for more takeaways.

TREIC Recommends Rule Change on Inspection Report Delivery Deadline

The TREC Inspector Committee (TREIC) met July 18 and discussed clarifications to 535.222, Inspection Reports, and 535.223, Standard Inspection Report Form.

Recommended Rule Changes

535.222, Inspection Reports

TREIC recommended a change to 525.222(a)(2) to clarify the two-day inspection report delivery deadline. The change clarifies that in instances where payments are provided in full prior to the inspection, the inspector is required deliver the report to the client within two days of completion of the inspection.

Broker Responsibility Group Proposes New Rule on Response Times, Adding Oversight to Sales Agent’s First-Time Brokerage Activity

The Broker Responsibility Working Group (BRWG) met July 13 and acted on two proposals related to broker oversight and sales agents’ response times.

Proposed Rule

BRWG proposed a new rule, 535.157, that requires a broker or sales agent to respond to their principal, a broker or sales agent representing another party to a real estate transaction, or an unrepresented party to a real estate transaction within two calendar days.

Education Standards Advisory Committee Discusses Qualifying Course Outlines for Property Management, Real Estate Brokerage

The Education Standards Advisory Committee (ESAC) met July 7 and discussed pre-licensing course credit and the qualifying course outline for real estate brokerage and property management.

Pre-Licensing Course Credit

The committee discussed whether to further consider recommending a time limit for accepting and awarding pre-licensing course credit. Any update would require a rule change. Staff will gather data on this issue and present to the committee for discussion at the next committee meeting in October.

A Simpler Way to Find a License Holder’s Disciplinary Actions

It is now easier to find whether a license holder has a disciplinary history with the Texas Real Estate Commission. The newly launched Disciplinary Actions button at the top of each license holder’s page will take you to their specific Disciplinary Actions page if a disciplinary history exists.

Previously only indirect methods—such as searching the Disciplinary Actions section of trec.texas.gov—were available. These remain available along with the new button.

What You May Not Know About TREC

Scott KesnerIn recent months, I’ve had the privilege of presenting alongside Texas Real Estate Commission Executive Director Chelsea Buchholtz to license holders around Texas, many who are REALTORS®.

As some of you may know, I served as chairman of the Texas Association of REALTORS® in 2015 and have chaired more than a dozen other committees and task forces of the organization on local, state, and national levels.