An approved provider is permitted to offer courses in real estate, easement or right-of-way, and real estate inspection that have been approved by the Commission. Law of Contracts, which shall contain the following topics, the units of which are outlined in the LOC-0, Qualifying Real Estate Course Approval Form, Law of Contracts, hereby adopted by reference: Ownership Rights and Limitations - 120 minutes; Contracts Used in Real Estate - 275 minutes; Contingencies, Addenda and Amendments - 105 minutes; Transaction Process and Closing - 135 minutes; and. The Commission may deny a license to an applicant who fails to satisfy the Commission as to an individual applicant's honesty, trustworthiness, or integrity under the Act, Texas Occupations Code Chapter 1102, and the rules of the Commission. A provider may not give credit to a student who fails a final examination and a subsequent final examination as provided for in subsection (i) of this section. For purposes of this section, "show" a property includes causing or permitting the property to be viewed by a prospective buyer or tenant, unlocking or providing access onto or into a property for a prospective buyer or tenant, and hosting an open house at the property. Complaints regarding registered timeshare plans shall be in writing and signed by the person filing the complaint. The Commission member or staff members may also recommend that no further action be taken. c. You will not post content or take any action on our blog posts that infringes someone elses rights or otherwise violates the law. The existence of any of the following conditions shall constitute prima facie evidence that an applicant's financial condition is insufficient: nonpayment of a liability when due, if the balance due is greater than 5% of the approved provider's current assets in the current or prior accounting period; nonpayment of three or more liabilities when due, in the current or prior accounting period, regardless of the balance due for each liability; a pattern of nonpayment of liabilities when due, in two or more accounting periods, even if the liabilities ultimately are repaid; a current ratio of less than 1.75 for the current or prior accounting period, this ratio being total current assets divided by total current liabilities; a quick ratio of less than 1.60 for the current or prior accounting period, this ratio being the sum of all cash equivalents, marketable securities, and net receivables divided by total current liabilities; a cash ratio of less than 1.40 for the current or prior accounting period, this ratio being the sum of cash equivalents and marketable securities divided by total current liabilities; a debt ratio of more than .40 for the current or prior accounting period, this ratio being total liabilities divided by total assets; a debt-to-equity ratio of greater than .60 for the current or prior accounting period, this ratio being total liabilities divided by owners' or shareholders' equity; a final judgment obtained against the approved provider for nonpayment of a liability which remains unpaid more than 30 days after becoming final; or. The Commission may suspend or revoke a license or take other disciplinary action authorized by the Act in addition to or instead of assessing the administrative penalties set forth in this section. The Commission may not renew a registration issued to a business entity that has not designated an officer, manager, or general partner who meets the requirements of the Act. An exempt provider may not represent that a course qualifies for credit by the Commission unless the exempt provider receives written confirmation from the Commission that the course has been preapproved for credit. federally related mortgage loan originator; a person who provides services involving hazard, flood, or other casualty insurance, homeowner's warranties, or residential service contract; An inspector shall not pay or receive a fee or other valuable consideration to or from any other settlement service provider for, but not limited to, the following: inclusion on a list of inspectors, preferred providers, or similar arrangements; or. on December 31 of each odd-numbered year, the terms of three license holder members, two education members, and the public member expire. The secretary of the committee shall work with Commission staff to prepare written minutes of each meeting and submit the minutes to the committee for approval and for filing with the Commission. If the Chief Financial Officer determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, the Chief Financial Officer shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and any appropriate remedial action. Many work projects require the efforts of more than one team member. Here are a few more practical suggestions to an agents path to gain competence that apply to almost all real estate brokerage: Search the MLS data available. the signature of an authorized representative of the provider for whom an authorized signature is on file with the Commission. The Commission shall waive the examination requirement for an applicant for a broker license who has been licensed as a broker in this state within two years before the filing of the application. Box 12188, Austin, Texas 78711-2188, www.trec.texas.gov. determine present or future sufficiency of service capacity amperage, voltage, or the capacity of the electrical system; determine the accuracy of overcurrent device labeling; remove covers where hazardous as judged by the inspector; verify the effectiveness of overcurrent devices; or. To meet the experience requirements for licensure or to sponsor apprentice inspectors or real estate inspectors, the Commission considers an improvement to real property to be any unit capable of being separately rented, leased or sold, subject to the following restrictions: An inspection of an improvement to real property that includes the structural and equipment/systems of the unit constitutes a single inspection. To be eligible for registration, an applicant must: comply with the fingerprinting and education requirements of the Act; If the applicant is a business entity, the applicant must designate one of its managing officers who is registered under this title as agent for the business entity. A provider shall maintain a course completion roster and submit information contained in the roster by electronic means acceptable to the Commission not sooner than the number of course credit hours has passed and not later than the 10th calendar day after the date a course is completed. deficiencies in the performance of the cooling system that: fails to achieve a 15 degrees Fahrenheit to 22 degrees Fahrenheit temperature differential; or. Five members constitutes a quorum. Enforcement. Southeastern Surveying and Mapping Corporation, founded in 1972, is a 100% employee-owned company, providing services for land surveying and mapping, subsurface utility engineering, and geographic . the vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances. a link to a completed IABS Notice in a readily noticeable place on the homepage of each business website, labeled: "Texas Real Estate Commission Information About Brokerage Services", in at least 10 point font; or, "TREC Information About Brokerage Services", in at least 12 point font; and. If a professional inspector terminates the sponsorship of an apprentice inspector or real estate inspector, the license of the apprentice inspector or real estate inspector immediately becomes inactive. ii. If the course is currently certified by a distance learning certification center acceptable to the Commission, the provider will be deemed to have met requirements for verification of clock/course hours for distance education delivery. The chairperson or the Commission member designated by the chairperson to preside (the presiding member) shall announce the case. request additional information be provided to the Commission relating to an application; and. The license holder must put the interest of the license holder's principal above the license holder's own interest. A provider may file a single application for a CE course offered through multiple delivery methods. Upon request by the Commission, either prior to or after licensure, an applicant shall provide documentation to substantiate any or all of the experience claimed by the applicant. No later than 90 days before the effective date of a revised or supplemented course, a provider shall send written notice to all students who have purchased the currently approved course and not completed it, that credit will no longer be given for the current course as of the effective date of the revised or supplemented course. When determining a person's present fitness for a license, the Commission shall also consider: the extent and nature of the person's past criminal activity; the age of the person when the crime was committed; the amount of time that has elapsed since the person's last criminal activity; the conduct and work activity of the person before and after the criminal activity; evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and. The administrative penalties set forth in this section take into consideration all of the criteria listed in 1101.702(b) of the Act. Getting proper training, knowing the right questions to ask, knowing the proper forms, etc. A broker is obligated under a listing contract to negotiate the best possible transaction for the principal, the broker has agreed to represent. An accredited college or university is not exempt from approval for real estate and real estate inspection CE programs and courses and must comply with all requirements for approval for providers, courses and instructors required by Subchapter G of this chapter. Respondents or applicants participating in a mediation will pay one-half of any fees incurred for the mediation directly to the Commission before mediation begins. submit the required fee under 535.101 of this title (relating to Fees). A licensed professional inspector is responsible for the conduct of a sponsored apprentice inspector. there is insufficient evidence to prove a case at a hearing. exhaustively inspect insulated windows for evidence of broken seals; exhaustively inspect glazing for identifying labels; or, spacing between intermediate balusters, spindles, or rails for steps, stairways, guards, and railings that permit passage of an object greater than 4 inches in diameter, except that on the open side of the staircase treads, spheres less than 4-3/8 inches in diameter may pass through the guard rail balusters or spindles; and. If the applicant proposes to employ another person to manage the operation of the applicant, that person must meet this standard as if that person were the applicant. Approval notice. concepts critical for the positive outcome of the inspection process. A proctor may be a course instructor, the provider, an employee of a college or university testing center, a librarian, or other person approved by the Commission. If an applicant fails to request a hearing in writing not later than the 30th day after the date the notice denying an application is sent, the Commission's denial is final. be proctored by a member of the provider faculty or staff, or third party proctor acceptable to the Commission, who: is present at the test site or able to monitor the student through the use of technology acceptable to the Commission; and. This document is published by and available from the Texas Real Estate Commission, P.O. Analysis of Findings and Reporting Module (20 hours), which shall contain the following topics, the units of which are outlined in the Analysis of Findings and Reporting Module Qualifying Real Estate Inspector Course Approval Form: Informing the client what was inspected and describing building systems and components by their distinguishing characteristics - 200 minutes; Describing inspection methods and limitations in the inspection report to inform the client what was not inspected and why - 200 minutes; Describing systems and components inspected that are not functioning properly or are defective - 200 minutes; Describing systems and components in need of further evaluation or action - 200 minutes; and. $10 for distance education delivery design and presentation review; the fee required under paragraphs (14)(C) and (16)(C) will be waived if the course has already been certified by a distance learning certification center acceptable to the Commission; the fee charged by the Federal Bureau of Investigation and Texas Department of Public Safety for fingerprinting or other service for a national or state criminal history check in connection with a license application; the fee required by the Department of Information Resources as a subscription or convenience fee for use of an online payment system; a continuing education deferral fee of $200; and. heat pumps, in the heat pump mode, when the outdoor temperature is above 70 degrees Fahrenheit; tonnage and manufacturer match of indoor coils and outside coils or condensing units; sizing, efficiency, or adequacy of the system; balanced air flow of the conditioned air to the various parts of the building; or. As used in this section, the term "service provider" does not include a person acting in the capacity of a real estate broker or sales agent. The Commission may not give experience credit to the same applicant or professional inspector for more than three inspections per day. TREC, the Texas Real Estate Commission, said that real estate agents need geographic competency these days. The initial approval of a provider of qualifying courses is valid for four years. A developer who wishes to register a timeshare plan shall submit an application for registration using forms approved by the Commission. verify the effectiveness of smoke alarms; verify interconnectivity of smoke alarms; activate smoke or carbon monoxide alarms that are or may be monitored or require the use of codes; verify that smoke alarms are suitable for the hearing-impaired; remove the covers of junction, fixture, receptacle or switch boxes unless specifically required by these standards; or. It is a material violation of the Texas Timeshare Act for a developer to fail to properly file an assumed name as required by 221.037(b) of the Texas Timeshare Act or to fail to give the Commission timely written notice of the developer's use of an assumed name. Follow up with these professional consultants to discover potential market information, geographical information, and myriad other pieces of information that likely are unique to the local marketplace. Foreign brokerA real estate broker licensed in another country, territory or state other than Texas. To be authorized for admittance to an examination, the applicant must present to the testing service administering the examinations appropriate documentation required by the testing service under contract with the Commission. Continuing education required for renewal. Mediation under this section is voluntary. Cost of a transcript of a SOAH proceeding ordered by a party is paid by that party. Non-elective real estate courses are designed by the Commission for interactive classroom delivery. Mechanical exhaust systems and bathroom heaters. An application will be terminated and the Commission shall take no further action if the applicant fails to submit a response to the Commission within three months after the Commission mails a request to the applicant for curative action. The Commission may deny an application for renewal of a registration if the registrant is in violation of the terms of a Commission order. Sponsored Experience and Education Requirements for a Professional Inspector License. If a party is represented by counsel, the Commission must direct the questions to the party's attorney. Sub-competencies: Ability to communicate effectively with customers. A classroom course may include up to 50% of total course time for appropriate field trips relevant to the course topic. For purposes of this section and 1101.652(b)(23) of the Act, an advertisement that misleads or is likely to deceive the public, tends to create a misleading impression, or implies that a sales agent is responsible for the operation of the broker's real estate brokerage business includes, but is not limited to, any advertisement: that is inaccurate in any material fact or representation; that identifies a sales agent as a broker; that uses a title, such as owner, president, CEO, COO, or other similar title, email or website address that implies a sales agent is responsible for the operations of a brokerage; that contains a team name with terms that imply that the team is offering brokerage services independent from its sponsoring broker, including, but not limited to, "brokerage", "company", and "associates"; that contains the name of a sales agent that is not the name as shown on the sales agent's license issued by the Commission or an alternate name registered with the Commission; that contains the name of a sales agent whose name is, in whole or in part, used in a broker's name and that implies that the sales agent is responsible for the operation of the brokerage; that causes a member of the public to believe that a person not licensed to conduct real estate brokerage is engaged in real estate brokerage; that contains the name or likeness of an unlicensed person that does not clearly disclose that the person does not hold a license; that creates confusion regarding the permitted use of a property; about the value of a property, unless it is based on an appraisal that is disclosed and readily available upon request by a party or it is given in compliance with 535.17; that implies the person making the advertisement was involved in a transaction regarding a property when the person had no such role; about a property that is subject to an exclusive listing agreement without the permission of the listing broker and without disclosing the name of the listing broker unless the listing broker has expressly agreed in writing to waive disclosure; offering a listed property that is not discontinued within 10 days after the listing agreement is no longer in effect; about a property 10 days or more after the closing of a transaction unless the current status of the property is included in the advertisement; that offers to rebate a portion of a license holder's compensation to a party if the advertisement does not disclose that payment of the rebate is subject to the consent of the party the license holder represents in the transaction; that offers to rebate a portion of a license holder's commission contingent upon a party's use of a specified service provider, or subject to approval by a third party such as a lender, unless the advertisement also contains a disclosure that payment of the rebate is subject to restrictions; that offers or promotes the use of a real estate service provider other than the license holder and the license holder expects to receive compensation if a party uses those services, if the advertisement does not contain a disclosure that the license holder may receive compensation from the service provider; that ranks the license holder or another service provider unless the ranking is based on objective criteria disclosed in the advertisement; or. No later than 90 days before the effective date of a revised course, a provider shall send written notice to all students who have purchased the currently approved course and not completed it, that credit will no longer be given for the current course as of the effective date of the revised course. A commission or fee may not be paid to any party to the transaction in a manner that misleads a broker, lender, title company, or governmental agency regarding the real estate transaction or the financial resources or obligations of the buyer. "Assumed business name" (commonly known as a DBA or trade name) means any name used in business by a broker that meets the requirements of subsection (d), other than the name shown on the broker's license issued by the Commission, a team name, or an alternate name.
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