computer-driven printers following these guidelines: The computer file or program containing the form text must not allow the end user direct access to the text of the form and may only permit the user to insert language in blanks in the forms. Texas Standards of Practice Module (24 hours), which shall contain the following topics, the units of which are outlined in the Texas Standards of Practice Module Qualifying Real Estate Inspector Course Approval Form: Structural systems; Texas SOP exclusions and unique reporting requirements - 400 minutes; Electrical systems; Texas SOP exclusions and unique reporting requirements - 400 minutes; and. Typefaces or fonts must appear to be identical to those used by the Commission in printed copies of the particular form. After a Proposal for Decision has been issued by an administrative law judge, the Commission will render the final decision in a contested case or remand the proceeding for further consideration by the administrative law judge. Upon verification by Commission that the person still meets the requirements under this subsection, the Commission will issue another license for the same period in which the person is currently licensed or certified by the other jurisdiction. comply with the curriculum accreditation standards required of the college or university by the applicable accreditation association for verification of clock/course hours, design and delivery method. Appreciate that, while data may represent attributes of real people, they do not describe the whole person; 3. 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 course is delivered by distance education delivery: prevent the student from moving from one topic to the next topic until the student answers all topic quiz questions correctly and receives a passing grade on the scenario based learning exercises; and, for quiz questions answered incorrectly, employ a method to present the rationale behind the correct answer and ask a subsequent related quiz question that will count toward passing the topic if answered correctly; and. A license holder may rebate or pay a portion of the license holder's fee or commission to a party in the transaction when the salesperson has the written consent of the salesperson's sponsoring broker and the party represented by the license holder. the location of the drain or distribution field; and, the proximity of any known water wells, underground cisterns, water supply lines, bodies of water, sharp slopes or breaks, easement lines, property lines, soil absorption systems, swimming pools, or sprinkler systems; and. Conflict of Interest. This subsection does not apply to an applicant who holds a restricted license issued by another jurisdiction. ComptrollerThe Comptroller of Public Accounts. Take part in activities that force you to learn to react quickly, like playing tennis or video games. Motions for rehearing are controlled by the APA, 2001.145 - 2001.147 and this section. A fee is required for content and examination review of each qualifying course and for each distinct delivery method utilized by a provider for that course. prepared by the Texas Real Estate Broker-Lawyer Committee (the committee) and approved by the Commission for voluntary use by license holders. built-up creosote in accessible areas of the firebox and flue; the presence of combustible materials in near proximity to the firebox opening; the absence of fireblocking at the attic penetration of the chimney flue, where accessible; and. Approved Qualifying Courses of Study. is currently eligible to transact business in Texas. A real estate license expires on the date shown on the face of the license issued to the license holder. that the primary duty of the license holder is to represent the interests of the client, and the license holder's position, in this respect, should be clear to all parties concerned in a real estate transaction; that, however, the license holder, in performing duties to the client, shall treat other parties to a transaction fairly; that the license holder be faithful and observant to trust placed in the license holder, and be scrupulous and meticulous in performing the license holder's functions; and. 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. The commission will periodically publish lists of acceptable real estate related courses. 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. The provider shall inform the Commission when a student requests a refund because of a withdrawal due to the student's dissatisfaction with the quality of the course. Again, competency goes beyond geographic competency: "Competency may apply to factors such as, but not limited to, an appraiser's familiarity with a specific type of property or asset, a market, a geographic area, an intended use, specific laws and regulations, or an analytical method.". The Commission may remove a Committee member if the member: is absent from more than half of the regularly scheduled Committee meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the Committee; or. Websites containing advertising by one or more inspectors must include the license number of each licensed person whose name or assumed business name appears on the website. A provider may file a single application for a CE course offered through multiple delivery methods. 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. An accredited college or university may not represent that a course qualifies for credit by the Commission unless the accredited college or university receives written confirmation from the Commission that the course has been approved. . A professional inspector on inactive status may apply to the Commission for return to active status by: filing a request online or on a form approved by the Commission; providing the Commission with documentation that the inspector has satisfied all continuing education requirements under Chapter 1102 and this chapter; and. each section provided for comments for each inspected item; include a service agreement/inspection contract or contractual terms between the inspector and a client with the standard form under the "Additional Information Provided by the Inspector" section or as an attachment to the standard form; it is necessary to report the inspection of a component, or system not contained in the standard form; or. At a minimum, a ride-along inspection course must: consist of one full residential property inspection; and. Promulgated Contract Forms, which shall contain the following topics, the units of which are outlined in the PCF-0, Qualifying Real Estate Course Approval Form, Promulgated Contract Forms, hereby adopted by reference: Laws, Rules and Regulations - 150 minutes; Parties, Properties and Financing - 155 minutes; Covenants, Commitments and Notices - 160 minutes; Closing, Possession and More - 220 minutes; The Remaining Promulgated Forms - 205 minutes; Promulgated Addenda, Notices and Other Forms - 205 minutes; Other Real Estate Matters - 115 minutes; and. If Commission staff determines that a complaint is within the Commission's jurisdiction, a copy of the complaint, including attachments, will be sent to the respondent. meet the requirements of 535.65 of this title. 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. Members of the committee serve staggered two-year terms. ERW 4-1, Notice Regarding Easements and Rights-of-Way, which is published by and available from the Commission, P.O. Continuing education credit for instructors. Renewal of license for military service member. The payment to the person for the goods or services is not contingent upon the consummation of a real estate transaction by the person's customers. Texas residents who enter military service and resume their Texas residence immediately upon separation from the military are not considered to have lost their Texas residence unless they have affirmatively established legal residence elsewhere. A provider must demonstrate that a course meets the requirements under paragraph (1) of this subsection by submitting a statement describing the objective of the course and the relevance of the subject matter to activities for which a real estate, easement or right-of-way, or inspector license is required, including but not limited to relevant issues in the real estate market or topics which increase or support the license holder's development of skill and competence. If the respondent fails to sign and return the executed proposed agreed order within the stated time period, the inaction shall constitute rejection of the proposed settlement recommendation. If a locator advertises more than one apartment unit in the same advertisement and lists amenities or features generally without providing the features or amenities available at a specific rent for a specific unit, the advertisement must include a statement having a meaning substantially equivalent to one of the following. Standards for course approval of elective CE course. A power-of-attorney designating the resident must be filed with the Commission in a form acceptable to the Commission. PartyA person admitted to participate in a case before the Commission or the Executive Director. the signature of an authorized representative of the provider for whom an authorized signature is on file with the Commission. It is a material violation of the Texas Timeshare Act for a developer to fail to make good a check issued to the Commission one month after the Commission has mailed a request for payment by certified mail to the developer's last known mailing address as reflected by the Commission's records. If a provider approved by the Commission cancels a course, the provider shall: fully refund all fees collected from students within a reasonable time; or. Not only are filed land deeds available to the public, but so are mineral leases, mineral and water deeds, and subdivision plats. The Real Estate License Act 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. To be approved as an elective CE course by the Commission, the course must: cover subject matter appropriate for a continuing education course for real estate, easement or right-of-way, or real estate inspection license holders; be at least one hour long with daily presentations no more than 10 hours long. A sponsoring broker or supervisor delegated under subsection (e) of this section shall deliver mail and other correspondence from the Commission to their sponsored sales agents within three calendar days after receipt. Each registrant shall, before a party in a transaction other than the party the registrant represents is obligated to sell, buy, lease, or transfer a right-of-way or easement, provide to the party a copy of TREC No. The provider shall advertise a course for the full clock hours of time for which credit is awarded. provide an exhaustive list of locations of deficiencies and water penetrations. Study with Quizlet and memorize flashcards containing terms like The TREC-required disclosure that license holders must provide when giving consumers a CMA or BPO specifically states that the figure in their report is not the same as _____., Sheila is a Texas license holder, and she wants to consult with a civil engineer and architect to help her build geographic competency in her area. The applicant has completed at least the number of hours of continuing education courses required by 535.92(a), within the two-year period prior to the filing of an application for an active license, including all applicable current non-elective courses. Competencies are the knowledge, skills, abilities, and behaviors that contribute to individual and organizational performance. (In Texas, license holders cannot provide an opinion of value but are allowed to provide estimates of price. 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. In addition to the grounds for disciplinary action provided in Chapter 1102, a license of an inspector may be suspended or revoked by the Commission if the inspector: fails to maintain professional liability insurance coverage, a bond or any other security acceptable by the Commission that provides coverage for violations of Subchapter G of Chapter 1102 during the period a license is active; or. As an alternative to 535.214(a) of this title, to become a licensed real estate inspector, a person must: complete a total of 154 hours of qualifying inspection coursework, which must include the following: Texas Standards of Practice Module, total 24 hours; and. Choose your most powerful examples - demanding/challenging situations that have lots of substance. inspect ancillary equipment such as computer controls, covers, chlorinators or other chemical dispensers, or water ionization devices or conditioners other than required by this section. The inspector shall report as Deficient: installed photoelectric sensors located more than six inches above the garage floor; deficiencies in performance or absence of auto reversing mechanisms and manual detachment device; and. An applicant shall provide the following information to enable the Commission to determine if an applicant has sufficient financial resources to conduct its proposed operations: business financial statements prepared in accordance with generally accepted accounting principles, which shall include a current income statement and balance sheet; a proposed budget for the first year of operation; and. The Commission is responsible for imposing disciplinary action and/or assessing administrative penalties against respondents who are found to have violated any of the Commission's statutes or rules.