if it is an addendum that changes the rights, obligations or remedies of a party under a contract or addendum form approved by the Commission for mandatory use, the form must also include: a statement about how the addendum changes the rights, obligations or remedies of a party, with a reference to the relevant paragraph number in the mandatory use form; a statement that the form is not a mandatory Texas Real Estate Commission form; and, a statement that Commission rules prohibit real estate license holders from giving legal advice; or. DeficiencyIn the reasonable judgment of the inspector, a condition that: adversely and materially affects the performance of a system, or component; or. ii. Unless otherwise exempt under subsection (b) of this section, a person desiring to be approved by the Commission to offer real estate, easement or right-of-way, or real estate inspection qualifying courses shall: file an application on the appropriate form approved by the Commission, with all required documentation; submit the required fee under 535.101 or 535.210 of this title (relating to Fees); submit the statutory bond or other security acceptable to the Commission under 1101.302 of the Act; and. for a non-elective real estate inspection course: submit an Inspector Non-Elective Continuing Education CE Course Application to the Commission; and. The Board may allow an applicant to demonstrate competency by alternative methods in order to meet the requirements for obtaining a particular license issued by the Board. The compilation and distribution of information relating to rental vacancies or property for sale, purchase, rent, or lease is activity for which a real estate license is required if payment of any fee or other consideration received by the person who compiles and distributes the information is contingent upon the sale, purchase, rental, or lease of the property. An oral communication or written material used in or made a part of an ADR procedure is admissible or discoverable only if it is admissible or discoverable independent of the procedure. The Commission's determination of the appeal shall be by duly adopted resolution reflected in the minutes of the open meeting and shall be final. A provider shall maintain financial records sufficient to reflect at any time the financial condition of the school. Continuing education credit for courses taken by persons who hold another occupational license issued by a governmental body in Texas. Inspector non-elective CE courses for classroom delivery. "Team name" has the meaning assigned by 535.154. The Commission may not give experience credit to the same applicant or professional inspector for more than three inspections per day. Pre-enrollment agreements for approved providers. Upon successful completion of a qualifying course, a provider shall issue a course completion certificate that a student can submit to the Commission. Each inspector must maintain a high standard of professionalism, independence, objectivity and fairness while performing inspections in a real estate transaction. The Commission may place an inspector on inactive status for any of the following reasons: the written request of the inspector to be placed on inactive status as provided for under subsection (c); or. Upon receipt of the documents required under paragraph (1) of this subsection, the Commission will: verify that the person is currently licensed and in good standing by another jurisdiction with substantially equivalent licensing requirements to Texas; and. Unless the order granting a probationary license specifies otherwise, a probationary license holder may renew the license after the probationary period by filing a renewal application, satisfying applicable education requirements and paying the prescribed renewal fee. An easement or right of way registration is not required for an individual employed by an owner or purchaser for the purpose of selling, buying, leasing or transferring an easement or right-of-way for the owner. Termination of application. 2023 Purchase Orders and Contracts through 1/31/2023, FY21 Public Funds Investment Act Compliance Audit, FY21 Purchase Orders/Contracts through 8/31/21, FY22 Accounting and Finance Processes Report, FY22 Purchase Orders/Contracts through 8/31/22, FY23 Public Funds Investment Act Compliance Audit, Report Regarding Staff Compensation FY 2019, Report on Customer Service, submitted June 2016, Report on Customer Service, submitted May 2018. It is not the practice of law for a license holder to fill in the blanks in a contract form authorized for use by this section. If trust money held by a broker is deposited in an interest bearing account: the money must be available for disbursal at the appropriate time; and. Except as provided in subsections (c) and (d) of this section, a communication relating to the subject matter made by a participant in an ADR procedure, whether before or after the institution of formal ADR proceedings, is confidential, is not subject to disclosure, and may not be used as evidence in any further proceeding. For the purposes of this section, an "accredited college or university" is defined as a college or university accredited by a regional accrediting association, such as the Commission on Colleges of the Southern Association of Colleges and Schools, or by a recognized national or international accrediting body. Testimony by affidavit or documentary evidence, such as excerpts of the record before the presiding officer, may be offered in support of, or in opposition to, the motion; provided, however, a party offering affidavit testimony or documentary evidence must provide the other party with copies of the affidavits or documents at the time the motion is filed. for all qualifying real estate math courses, consists of at least 20 questions that are drawn from a question bank consisting of at least 40 questions. For example, the competencies listed for a restaurant waiter will differ drastically from the needs of an accountant. An inspector licensed in Texas may receive continuing education credit for a course taken to satisfy the continuing education requirements for another occupational license if: the inspector files the applicable form with the Commission; the inspector holds one of the following occupational licenses, including but not limited to: air conditioner and refrigeration technician; or. An inspector may depart from the inspection of a component or system required by the standards of practice only if: the inspector and client agree the item is not to be inspected; the inspector is not qualified to inspect the item; in the reasonable judgment of the inspector, the inspector determines that: conditions exist that prevent inspection of an item; conditions or materials are hazardous to the health or safety of the inspector; or, the actions of the inspector may cause damage to the property; or. A CE provider may use the services of a guest instructor who is not qualified under 535.74 of this title for 100% of a real estate, easement or right-of-way, or inspector elective CE courses provided that: a professional trade association that is approved by the Commission as a CE provider under 535.71 of this subchapter (relating to Approval of Continuing Education Providers); or, an entity exempt under 535.71 of this subchapter; and. The definition explains what the competency means. The presiding member may announce reasonable time limits for any oral arguments to be presented by the parties. An audit report indicating noncompliance with the Act or Rules is treated as a written complaint against the approved provider concerned. In the event of a tie vote, the presiding member shall announce that the motion is overruled. Will Your Criminal Record or Disciplinary History Keep You from Getting Licensed? specifies whether the broker enabling unescorted access or the property owner will be responsible for any damage that results from such unescorted access. Inspector non-elective CE courses for distance education delivery. completes any applicable continuing education required under 535.92 of this title; maintains errors and omissions insurance with a minimum annual limit of $1 million per occurrence if the designated broker owns less than 10 percent of the business entity; and. A broker is responsible for any property management activity by the broker's sponsored sales agent that requires a real estate license. The name and address of the person or firm responsible for developing the software program must be legibly printed below the border at the bottom of each page in no less than six point type and in no larger than 10 point type. ComptrollerThe Comptroller of Public Accounts. Box 12188, Austin, Texas 78711-2188, www.trec.texas.gov. An applicant is eligible to take a qualifying examination for a license after the Commission has received evidence of completion of all education and experience required by this subchapter. Unless good cause for delay is shown or the Executive Director or the Executive Director's designee determines that a protest or appeal raises issues significant to procurement practices or procedures, a protest or appeal that is not filed timely will not be considered. A provider shall update course materials to ensure that current and accurate information is provided to students as provided for under 535.62 of this subchapter (relating to Approval of Qualifying Courses). although competency is not clearly defined beyond "it is desirable that (the financial expert) has a qualification from one of the professional accountancy bodies" and "relevant and recent financial experience", and is responsible for assessing internal controls. 1102.303 acting in conflicting capacities, i.e. Take part in activities that force you to learn to react quickly, like playing tennis or video games. General requirements. review applicable standards of practice and departure provisions contained in 535.227 - 535.233 of this title. To return to active status, a broker on inactive status must apply to the Commission for return to active status on a form approved by the Commission, pay the appropriate fee, and satisfy any continuing education requirements under the Act and this chapter. completed no later than the 30th day after the date the original course concludes. Not earlier than 90 days before the expiration of a course approval, a provider may apply for a renewal of course approval for another four-year period. eight hours of non-elective coursework in legal, ethics, SOPs, and report writing consisting of the following coursework: 4 hours of Standards of Practice Review; and. Be educated in the characteristics involved in the specific type of real estate being brokered for others. normal promotional or educational activity that is not conditioned on the referral of business and that does not involve the defraying of expenses that otherwise would be incurred; a payment at market rates to any person for goods actually furnished or for services actually performed; or. Article 11, Standard of Practice 11-1 provides specific guidelines for REALTORS when they provide opinions of value or price. pays the continuing education deferral fee required by 535.101 of this title at the time the license holder files the renewal application with the Commission. The Commission may request additional documentation, rely on the documentation provided under this section, or utilize any other information provided by the applicant to determine whether the applicant has sufficient experience as required by 1101.356 of the Act and this section. The functions of the Committee are as prescribed by Chapter 1102. The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by the Act and this title. This section does not prohibit an inspector from paying or receiving a fee or other valuable consideration, such as to or from a contractor, for services actually rendered. Course examinations. The non-elective continuing education courses must be conducted as prescribed by the rules in this subchapter. An inspector may receive continuing education elective credit for a course taken to satisfy the continuing education requirements of a country, territory, or state other than Texas if: the inspector licensed in Texas held an active inspector license in a country, territory, or state other than Texas at the time the course was taken; the course was approved for continuing education credit for an inspector license by a country, territory, or state other than Texas at the time the course was taken; the successful completion of the course has been evidenced by a course completion certificate, a letter from the provider or such other proof satisfactory to the Commission; the subject matter of the course was predominately devoted to a subject acceptable for continuing education credit for an inspector licensed in Texas; and. College Station, TX 77845. It is the Commission's policy to employ negotiated rulemaking procedures when appropriate. All communications in the mediation between parties and between each party and the mediator are confidential. once the suspension is effective, any sales agent he or she sponsors, or who is sponsored by the business entity, will no longer be authorized to engage in real estate brokerage unless: the sales agent is sponsored by another broker and files a change of sponsorship with the Commission; or. If a provider fails to give the notice required by subsection (d)(1)(H) of this section, and an individual's application for a license is denied by the Commission because the individual has been convicted of a criminal offense, the provider shall reimburse the individual the amounts required by Section 53.153, Texas Occupations Code. A competency is any observable and/or measurable knowledge, skill, ability or behaviour that contributes to successful job performance. Exceptions and replies are limited to items contained in the supplemental Proposal for Decision. The staff attorney assigned to the case shall attend each informal conference. if the person holds money in trust in any transaction in which the person is acting as a broker, remit such money in accordance with the instructions of the principals. A license holder acting on his or her own behalf or in a capacity described by 535.144(a) who is selling an option or assigning an interest in a contract to purchase real property must disclose to any potential buyer that the license holder is selling an option or assigning an interest in a contract and that the license holder does not have legal title to the real property. An apprentice inspector or real estate inspector who has been placed on inactive status may return to status if: the inspector has completed all applicable continuing education requirements; and. If by a subsequent written agreement, all parties to a real estate transaction authorize the broker maintaining trust money to disburse the trust money in a manner not in accordance with the agreement under which the money was received, the broker must pay the trust money to the party or parties entitled to the money under the subsequent written agreement within a reasonable time, which the Commission has determined to be not later than the 30th day after the date the broker receives the subsequent written agreement. This document is published by and available from the Texas Real Estate Commission, P.O. The same broker may be the sponsor the salesperson for both periods under subsection (c) of this section. Other approved courses as they relate to real estate inspections, which shall include one or more of the following topics: Ride-along inspection course for qualifying education. Any written advertisement by a provider that includes a fee that the provider charges for a course must display any additional fees that the provider charges for the course in the same place in the advertisement and with the same degree of prominence. A student who fails the subsequent final course examination is required to retake the course and the final course examination. PleadingA written document submitted by a party, or a person seeking to participate in a case as a party, which requests procedural or substantive relief, makes claims, alleges facts, makes legal arguments, or otherwise addresses matters involved in the case. pays the renewal application fee in effect when the previous license expired. The committee consists of 12 members appointed by the Commission as follows: Seven members who are license holders and who have been engaged in the practice of real estate for at least five years before the member's appointment and who are actively engaged in that practice; Four education members who are real estate instructors or owners of real estate schools, accredited by the Commission, that provide qualifying or continuing education; The Commission may appoint a non-voting member from the Commission. the equivalent of subsection (b)(1) or (2) of this section as determined by the provider after consideration of the instructor's professional experience, research, authorship, or other significant endeavors in real estate, easement or right-of-way, or real estate inspection. An approved provider who fails to pay the annual operation fee as prescribed shall be placed on inactive status and notified in writing by the Commission. 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. Formal protests must conform to the requirements set forth in subsection (c) of this section. The inspector is not required to: items other than those listed within these standards of practice; detached buildings, decks, docks, fences, waterfront structures, or related equipment; anything buried, hidden, latent, or concealed; automated or programmable control systems, automatic shutoff, photoelectric sensors, timers, clocks, metering devices, signal lights, lightning arrestor system, remote controls, security or data distribution systems, solar panels or smart home automation components; or. A provider is not required to present topics in the order outlined for a course on the corresponding course approval form. First, keep in mind that real estate is a three-dimensional product. The examination will be included in course instruction time. paying operating expenses or making withdrawals from a trust account for any purpose other than proper disbursement of trust money. Implementation and Presentation - 140 minutes. It is the applicant's or license holder's responsibility, to the extent possible, to obtain and provide the recommendations described in subsection (d)(7) of this section. The administrative penalties set forth in this section consider the criteria listed in 1101.702(b) of the Act. Each registrant shall provide the consumer notice adopted under 531.18 of this title by: displaying it in a readily noticeable location in each place of business the registrant maintains; and. For the purposes of this section, the term "valuable consideration" includes but is not limited to: gifts of merchandise having a retail value greater than $50; A person is not required to be licensed as a real estate broker or salesperson if all of the following conditions are met. inspect retaining walls not related to foundation performance. Find out if there are continuing education courses offered in the area that include information about current local conditions in the real estate industry. submits a license history from the regulatory agency that issued the license or registration documenting the period of practice as a licensed or registered architect, professional engineer, or engineer-in-training. The Commission may suspend or revoke a license or take other disciplinary action authorized by Chapter 1102 in addition to or instead of assessing the administrative penalties set forth in this section. Negotiations may be conducted in person or by electronic, telephonic, or written communication. Final examination questions must be kept confidential and be significantly different from any quiz questions and exercises used in the course. Once a signed, written complaint has been filed with the Commission, the Commission has jurisdiction to consider, investigate, and take action based on the complaint. If the Commission does not follow the recommended sanctions in a Proposal for Decision, the order shall explain why the Commission chose not to follow the recommendation. the business entity designates a new broker and files a change of designated broker with the Commission; If the person is an apprentice inspector or real estate inspector, notify his or her sponsoring professional inspector that his or her license will be suspended; if the person is a professional inspector notify any apprentice or real estate inspectors he or she sponsors that: his or her professional inspector license will be suspended; and. Approval notice. 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. If a net listing is used, the listing agreement must assure the principal of not less than the principal's desired price and limit the broker to a specified maximum commission. In addition, the inspector's license is inactive when the following occurs: termination of sponsorship by a professional inspector; the death of the inspector's sponsoring professional inspector; the expiration, suspension, or revocation of the license of the inspector's sponsoring professional inspector; the failure of the license holder to provide to the Commission proof of financial responsibility as required by Chapter 1102 and on a form approved by the Commission for that purpose; or. a CE instructor qualified under 535.74 of this title remains in the classroom during the guest instructor's presentation. is a delegated supervisor under 535.2(e) of this title. After expiration of the initial license, if a person wants to continue to practice in accordance with this subsection, it is the responsibility of the person to seek confirmation from Commission that the person continues to meet the requirements to practice under this subsection by submitting a form approved by the Commission certifying that: the person is still currently licensed and in good standing with another jurisdiction with substantially equivalent licensing requirements to Texas; and. If a party is represented by counsel, the questions must be directed to the party's attorney. An independent contractor is not an employee. have some expertise in the area of the contested matter. Code as clarified by the Commission in 535.213; and. Business Operations and Professional Responsibilities Module (10 hours), which shall contain the following topics, the units of which are outlined in the Business Operations and Professional Responsibilities Qualifying Real Estate Inspector Course Approval Form: Elements of the written inspection contract and the rights and responsibilities of the inspector and the client - 250 minutes; and. If any or all of the parties to a real estate transaction make a written demand for payment of trust money, the broker must pay the trust money to the party or parties entitled to the money within a reasonable time, which the Commission has determined to be not later than the 30th day after the date the demand is made. make a written request for a hearing on that determination. Before the applicant is eligible to take the state portion of the examination, the applicant must submit evidence of completion of the following coursework to the Commission, if required for licensure under 535.214 of this title: If the applicant has previously passed the national portion of the examination, before the applicant is eligible to take the state portion of the examination, the applicant: must submit evidence of completion of the required coursework as provided under this subsection (h)(2) of this section; and. Forms approved by the Commission may be reproduced only from the following sources: electronically reproduced from the files available on the Commission's website; printed copies made from copies obtained from the Commission; legible photocopies made from such copies; or. "Contact Information" means any information that can be used to contact a license holder featured in the advertisement, including a name, phone number, email address, website address, social media handle, scan code or other similar information. Except for records destroyed by an "Act of God" such as a natural disaster or fire not intentionally caused by the broker, the broker must, at a minimum, maintain the following records in a format that is readily available to the Commission for at least four years from the date of closing, termination of the contract, or end of a real estate transaction: commission agreements such as listing agreements, buyer representation agreements, or other written agreements relied upon to claim compensation; substantive communications with parties to the transaction; receipts and disbursements of compensation for services subject to the Act; appraisals, broker price opinions, and comparative market analyses; and. It doesn't say anything about real estate appraisers only being able to work within 50 miles of their offices. In this section, "settlement service" means a service provided in connection with a prospective or actual settlement, and "settlement service provider" includes, but is not limited to, any one or more of the following: a federally related mortgage loan originator; a lender or other person who provides any service related to the origination, processing or funding of a real estate loan; a person who prepares documents, including notarization, delivery, and recordation; a person who provides credit report services; a person who provides mortgage insurance services; a person who provides services involving hazard, flood, or other casualty insurance, homeowner's warranties or residential service contracts; a person who provides any other services for which a settlement service provider requires a borrower or seller to pay. Appointments to the Committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. Credit for experience. 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. A provider may permit a student to take one subsequent final examination if the student fails the initial final examination. a four-hour Inspector Legal and Ethics course. An inspector is not required to inspect the components or systems described under this section. The testing service shall require official photo-bearing personal identification of individuals appearing for an examination and shall deny entrance to anyone who cannot provide adequate identification. MLS offers the finest platform for real estate data in the industry. To be eligible for credit from the Commission, a qualifying course offered by an accredited college and university that is not offered under subsections (c), (d), or (e) or that is not subject to academic accreditation standards is required to be submitted for approval by the Commission in accordance with 535.62 of this subchapter, including payment of any fee required. If the broker intends to terminate the sponsorship, the broker must immediately: on the appropriate form delivered to the Commission. Other qualifying courseA qualifying course, other than a mandatory qualifying course, for which the subject matter of the course is specified by the Act or Commission rule, that an applicant is required to take to fulfill licensing requirements.

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