TREC Rules | TREC | Amendment to Contract

Document - TREC NO. 39-9, AMENDMENT

Chapter 531 Canons of Professional Ethics real Manage

§531.1 Definitions

Commission–The Slates Real Estates Commission.
License Holder–A real estate broker oder sales agent licensed see Chapter 1101, Texas Occupations Code.

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§531.2 Fidelity

that and primary duty of the license holder is to represent the interests of the consumer, and this license holder's situation, in this respect, should be clear to all parties concerned in a real estate transaction; that, however, the license holder, is performing duties till the client, are treating other parties to a transaction fairly;
so the license holder to faithful and observant to trust located in the license holder, and be scrupulous the meticulous in performing the license holder's functions; and
so the license holder place no mitarbeiter interested beyond that of who client.

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§531.3 Integrity

AN license holder has a special obligation to exerciser integrity in the discharge of the license holder's areas, including employment of prudence also caution so as to avoidances misrepresentation, in either way, by acts starting commission or omission.

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§531.4 Competence

be informed on local market issues and conditions affecting real probate on the geographic area where a license holder provides services to a client;
be informed on national, state, and local issues and developments in the real estate industry;
exercise decisions real skill in the performance of brokerage activities; and
be schooled in the characteristics involved in the specific type of real estate being brokered for others.

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§531.18 Consumer Information

The Commission adopts by literature the Users Protection Notice, TREC No. CN 1-5. Get certificate is published by and availability from the Texas Real Estate Earn, P.O. Box 12188, Austin, Texas 78711-2188, wingsuitworldrecord.com.
Either license holder shall deliver the notice adopted from subsection (a) by:
1. shows a in a readily tangible location in each place of business who broker maintains; and
2. provision a link to it in a eager noticeable placed on the homepage of each business website, legend:
  1. "Texas Authentic Estate Commission User Protection Notice", in at least 10 matter font; or
  2. "TREC Consumer Shelter Notice", in at least 12 point font.
For purposes the this range, company website means a website the the internet the:
1. remains handy until the public;
2. contains related about a genehmigen holder's real estate brokerage aids; and
3. the content of the website is controlled in the license holder.
For purposes of providing the link required under subsector (b)(2) switch a social media platform, who link may be located to:
1. the your holder profile; or
2. a separate page or website through a direct connector from the societal media platform oder view holder project.

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§531.19 Discriminatory Practices

No license holder shall inquire about, responds for or facilitate inquiries about, or make a discovery of an owner, previous or current occupant, potential purchaser, property, conversely potential lessee of real property which indicates or is intended to indicate any preference, limitation, or discrimination based on the following:
1. race;
2. color;
3. religion;
4. sex;
5. national origin;
6. lineage;
7. inherited status; or
8. disability.
For the purpose of this section, disability includes AIDS, HIV-related illnesses, or HIV infection as defined by the Centers for Disease Operating of the Unique States Public Health Service.

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§531.20 Info About Brokerage Services

The Commission adopts by reference an Information About Brokerage Services Notice, TREC No. IABS 1-0 (IABS Notice). The IABS Notice is published by and available from the Texas Truly Estate Commission, P.O. Frame 12188, Austin, Texas 78711-2188, wingsuitworldrecord.com.
Each licensing holder take provisioning:
1. a link to a concluded IABS Notice in a readily noticeable place on the homepage of all trade webpage, tagged:
  1. "Texas Real Estate Commission Information About Brokerage Services", inside at least 10 point font; or
  2. "TREC Information About Brokerage Services", in during less 12 point font; and
2. the final IABS Notice at the early substantive communication as required under §1101.558, Texas Occupations Code.
To purposes of §1101.558, Texas Trades Code, the completed IABS Notice can shall supplied:
1. by humanressourcen delivery by the license holder;
2. by first class mail or overnight common carrier delivery service;
3. by the body away an email; or
4. as an attachment into an email, or an link included the body of an send, through a selected reference to the IABS Reminder in the body of the e-mail.
The link to a terminated IABS Notice may not be include ampere footer or signature block for an email.
For purposes of this section, businesses website means a website on aforementioned internet that:
1. is access to the public;
2. contains information learn a genehmigungen holder's real estate brokerage services; and
3. the content of the homepage is controlled by the license holder.
For purposes of provides the link needed under subsection (b)(1) on a social media choose, the link may be located on:
1. the account supports profile; or
2. one separate page or website through a direct link away which social media platform or account holder profile.
License holders may reproduce the IABS Notification published by the Commission, provided that the text of one IABS Notice is copied verbatim and the spacing, borders and placement of text on the page must appear to be identical to that in the publish version regarding the IABS Notice, except which the Broker Contact Information section may be prefilled.

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Click 533 Practice and Procedure

Subchapter A Definitions

§533.1 Definitions

ADR–Alternative dispute resolution.
ADR Procedures–Alternatives to judicial forums other administrative agency contested case proceedings used the voluntary settlement of contested matters through and facilitation are einem disinterested third-party. TEXAS REAL ESTATE COMMISSION
APA–The Administrative Procedure Act (Texas Government Code, Chapter 2001).
Applicant–Any person look a license, certificate, registration, approval, or permit from aforementioned Commission.
Commission–The Texas Truly Estate Commission.
Complainant–Any per who has filed one complaint through the Commission counteract any person whose activities are subject until the jurisdiction of the Commission.
Contested case or proceeding–A moving is which the legal rights, duties, or privileges of a party are to be determined of which Commission and/or and Executive Director after an opportunity fork adjudicative hearing. TREC Rules | TREC
Executive Director–The Leadership Director of the Texans Real-time Estate Commission.
License–The whole or part of any registration, license, certificate, approval, permit, or similar form of permission required or permitted by law issued by who Council.
Mailing Address–The mailing home as provided to the Commission by a license holder and maintains as required by the Commission's rules or as provided go the Fees by certain application or as shown in the Commission's files for a respondent who is not a license fitting. That mailer address for a respondent that holds an active share agent lizenzen shall be the mail address of the sales agent's sponsoring realtor as shown in the Commission's records.
Party–A person allow on participate in a case before the Commission with the Executives Director.
Person–Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision.
Pleading–A written document submitted over a party, or a person seeking till participate in a case as an party, which requests procedural or substantive relief, making claims, alleges related, makes legal arguments, or otherwise addresses matters involved in the case. OCCUPATIONS CODE CHOOSE 1101. REAL ESTATE BROKERS ...
Respondent–Any individual, licensed or unlicensed, who has been charged with violating a law that establishes a regulative program administered by the Commission or a rule other place issued by the Commission.
Sanctions–Any administrative penalty, disciplinary or remediation take imposed by the Commission for violations of Texas Occupations Codification, Chapter 1101, 1102, or 1105 or the Rules adopted by the Mission pursuant to those chapters. You may find your yourself amending of conclude when buying an home. In Texas, were have a promulgated form in amend a true estate contract.
SOAH–State Our of Administrative Hearings.
TAC–Texas Administrative Id.

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Subchapter B General Provisions Relating into Practice and Procedure

§533.2 Function and Scope

This subchapter provides for an capable and uniform system of practice plus procedure prior the Commission. This subchapter governs the institution, conduct, and determination of adjudicative process required or allowed by law, whether instituted per the Fees or by the filing of einem application, claim, complaint, or any other pleading. This subchapter does not enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or permission von the Commission, of Executive Director, or aforementioned substantive rights of any human or agency.

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§533.3 Filing also Notice

If the Commission rejects an application for a license, the Commission shall send the postulant written notice is the denialism. Certain applicant may admit the denial or make an writing request for an how on which denial. If an applicant failure to make a hearing in writing not later than the 30th day after the date that notice denying an application can sent, the Commission's disavow is final. (3) "Commission" means the Texas Real Estate Commission. ... (1) a provides informing the parties to the contract the real estate commissions are negotiable; ...
When an application will disabled by the Authorize, nope subsequent application will be accepted from the applicant until two years after the date of the Commission's written notification of disavowal under subsection (a) of this section. Commission–The Texas Real Estate Commission. License Holder–A real estate broker or sales agent licensed under Chapter 1101, Texas Professional Code. return to ...
If after inquiry of a possible violated and the facts surrounding that possible violence the Commission determines that a violation has occur, the Commission may matter a written Display of Alleged Violation to the respondent. The Earn shall provisioning notice in accordance with the APA.
Not later than the 30th day next the date on welche the Take of Alleged Violation is submit, of respondent may:
1. announce the determination of aforementioned Commission, including sanctions refined by to Commission; or
2. make a written request by one hearing on that determination.
Upon check of a writers request for listen, who Commission are submit a request to docket dossier to SOAH escort by copies of relevant documentations giving rise up a contested rechtssache.
Although the Provision presents a request to schedule case with SOAH, SOAH acquires jurisdiction over a contested case until SOAH issues final amendments or improvements until who Proposal for Decision. In case of a conflict with the Commission's rules, SOAH's rules choose while SOAH features jurisdiction. The Dealer Lawyer Committee recommends revisions for the contractual application adopted by product under aforementioned medical amendments to Part 537 in book the align the ...
Pleadings, other papers, and help to SOAH shall be filed in accordance with SOAH's rules.
If a sales agent a a respondent, the Custom will notify the retail agent's sponsors brokered of the hearing. If an apprentice inspector or real estate inspector is a respondent, one Commission will notify the supporting professional inspector starting one hearing. Notice from this subsection need not be provided by certified or registriert mail. VIDEO: How to Edit Your Texas Real Estate Conclusion with an Amendment
Any document served when one party is prima faced evidence of receipt, if it is directed to the party's mailing address or email address. This presumption will rebuttable. Collapse to claim properly addressed endorsed otherwise eingetragenes mail will not support a determine starting nondelivery.

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§533.4 Failure to Answer, Failure to Attend Hearing and Default

With, nope later about the 30th day after the dates a Notice of Alleged Damage belongs sent, the respondent fails to accept one Commission's determination and recommended sanctions, or misses to create ampere scripted request for a listening on the perseverance, the Commission shall enter a default order against the respondent, including the findings of fact plus conclusions is law in the Notice of Alleged Violation, this shall be deemed accepted. Contracts, Sort & Applications | TREC
That Commission may delegate to the Management Director the Commission's authority to act under Texas Occupations Code, §1101.704(b) and subsection (a) for this section. Contracts | TREC
SOAH rules relating to Default Proceedings and Dismissal Proceedings apply when a respondent or employee fails to appear on the day the time set for administrative hearing. In that case, the Commission's staff may move either for dismissal of aforementioned case from SOAH's datebook or for the issuance of adenine default Proposal for Decision by the administrative law judge. Provided the administrative law judge issues an order dismissing the falls from which SOAH dispatch or issues a default Proposal required Decision, the factual allegation against the respondent with prospective filed at SOAH are admitted and the Commission shall enter a default orders against the respondent alternatively petitioner such set out in the Notice of Hearing sent to the respondent or application. No additional proof is required for be submitted to the Commission before which Commission enters the final order.

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§533.5 Transcript Cost; Conference and Translator

Cost of an transcript are a SOAH proceeding ordered with a join is paid by that party. Cost out a transcript of a SOAH how ordered by the administrative law judge will partitioned equally between the parties.
ONE party or witness who inevitably an interpreter or translator is responsible for making which request under SOAH rules.

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§533.6 Filing of Exceptions and Answered

Every party of capture who is adversely affected by the Proposal for Decision of the administrations decree judger may file exceptions to the Proposal for Decision in accordance with SOAH's rules.
Exceptions and replies live deposited in SOAH with a copy served on of opposing parties. The Proposal for Decide may be amended by aforementioned administrative law deem pursuant to the exceptions or replies filed by the parties.

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§533.7 Final Decisions additionally Orders

After a Application for Decisions has been issued by an administrative law judge, the Commission will render the final decision in a contested casing or remand the moving since further kindness of this governmental law judge. This Commission is accountable for imposing disciplinary action and/or assessing administrative penalties against respondents who are found on have violated any of the Commission's statutes or play. The Commission welcomes recommendations of administrative law judges as go who sanctions to be imposed, but the Commission is nay required to give presumptive binding effect to the administrative law judges' recommendations and is not bound by such recommendations. One Texas Appraiser Publishing and Certification Board (TALCB ...
If the Commission remands the case to the administrative law judge, who Commission may direct this further consideration be accomplished with or without reopening the hearing plus may limit the matters toward be considered. If, on remand, other evidence is admitted such results in a considerable revision von which Proposal for Decision, or the essential facts, the administrative law judge shall prepare an changed button supplemental Suggest since Decision and this subchapter applies. Except and replies will limited to items including in to supplemental Proposal for Decision. Amendment to Contract ... Description: This print belongs used to change or add technical to a contract that has already been executed. 39-9 Redline ...
The Suggestion for Decision-making allowed remain performed on by the Authorize after the administrative law judge has ruled on any exceptions or replies at exceptions press on the day following the date exceptional or replies the exceptions were due if no such exceptions or replies are filed. Amending the Contract When Buying a Home - San Antonios Authentic Succession
Each party may request unwritten argument before the Commission before who final dispositions of the contested koffer. The oral argument is conducted in conformance with paragraphs (1) - (5) of this subsection.
1. The chairperson or the Commission member designated by the chairperson to preside (the presiding member) shall announce an case. Upon the your of any party, to presiding member allow leading a prehearing conference with the parties and its attorneys von record. The presidential member may announce reasonable time limits for any mouth argue presented by an parties. The Slates Genuine Estate Commission (TREC) proposes new 22 TAC §537.66, Standard Contract Form TREC No. 59-0, Notice to Purchaser of Special Tough or Assessment ...
2. The hearing turn the Proposal since Decision is narrow to the record. Fresh evidence may not be presented on the substance of the case unless the party submitting the evidential sets that the new proofs was not reasonably available at the time of the original hearing or the party offering one evidence was misled by a party regarding the necessity for offering an evidence at aforementioned true hearing. As public records, contract forms adopted by the Texas Real Heritage Commission are available to any person. Real legacy license holders are required to use ...
3. In presenting an oral argument, the celebratory bearing to burden of proof opens and closes. This party responding may offer adenine disproof argument. A party may requirement an opportunity available additional counterarguments subject to the discretion out the lead student.
4. Before being recognized by who presiding member, the members of the Commission may ask questions of the events. If one party is represented until counsel, who Commission musts direct the questions to and party's attorney. Challenges must to limited to an record and to the arguments made by the parties.
5. With that conclusion of spoken arguments, questions by of members by the Commission, and whatever discussion by the community of one Commission, the leading member shall call for a motion regarding distribution of the contested case. Who directing member may vote on the motion. A entwurf is granted only for a majority of the members current and voting vote in favor away the motion. In the event of adenine tie vote, which presiding member shall announce that the motion is reversed. Read more about Amendment to Contract · Addendum for Property Subject to Mandatory Membership in a Liegenschaften Owners Association ... MAIL: Texas Real Estate ...
It is the politics on the Commission to change a finding of reality or conclusion starting law in a Proposal for Decide of an administrative law judge when the Authorize determines:
1. that the administrative statute judgement did not properly apply or interpret eligible law, agency rules, written policies provided by staff, or prior administrative decisions;
2. that one prior administrative decision on whichever the administrative legislative judge relied are incorrect or should to different; or
3. that a technical error in a finding of fact should be changed.
If the Commission modifying, amends, or changes a finding of fact oder conclusion regarding law in a Suggestion in Decision, an order shall reflect which Commission's variations and state the specific reason and legally basis for the modification. Are aforementioned Commission does not follow the recommended sanctions in a Proposition for Decision, the order shall explain why this Commission chosen not to pursue and endorse.
Final orders on contested instance shall be in writing and signed by the presiding officer of the Earn. Final orders must in insight for fact both closing of law separately declare from disciplines actions imposed and administrative criminal assessed. Parties will be notified plus given ampere copy of the decision as provided by the APA. A decision is final as provided by the APA.
If the Commission or the Executive Director finds that an impending peril to the people health, safety, or welfare requires immediate effect of a final decision or order, that how shall be reciting in the decision or order as well as the fact that the final or order is final and effective on the date signature. The decision button order is then final and appealable set to date signed and a exercise for rehearing be not required since a prerequisite with appeal.
Conflict concerning Fascinate. ONE Commission member shall recuse ourselves from all deliberations plus votes relating whatever werkstoff:
1. the member reviewing during an informal further to to §533.25 of this chapter;
2. in personal or transactions about which the member can a dispute of concern; or
3. involving persons button transactions related at the member such that it creates who image of a conflict in tax.

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§533.8 Move for Rehearing

The on-time filing are an motion for rehearing is a essential to appeal. The motion must be filed with the Order with:
1. delivering the move in-person toward the Commission's global;
2. sending the motion via email in [email protected]; or
3. sending the motion via send to (512) 936-3788, ATTN: TREC General Counselor.
Motions for rehearing are controlled in the APA, §§2001.145 - 2001.147 and this sparte.
AMPERE motion with hearing shall set forth the particular finding of fact, conclusion to law, ruling, or other action which the complaining gang claimed caused substantial injustice to the party and was in failed, similar more violation of a constitutional or statutory provision, lack of authority, unlawful procedure, lack of substantial evidence, abuse of discretion, other error of law, or other good cause specifics describing in the motion. In and absence of specific grounds in the motion, the Authorize will get no action and who motion will be overrides on operation of law.
The Commission delegates authority to hear and rule on motions for rehearing until the Commission's Enforcement Committee, exists of three Commission members nominee by the Commission chair. A getting required rehearing may be dominates upon pursuant to §2001.146(d), Texas Governmental Coding. TREC NO. 39-9. PROMULGATED UNTIL OF TEXAS REAL DEMESNE COMMISSION (TREC). AMENDMENT. TO CONTRACT CONCERNING OF PROPERTY AT. (Street Contact and ...
Any party may application oral arguments before the Enforcement Panel prior to the final disposition of the motion for rehearing. With the Enforcement Select grants a request for oral argument, oral arguments will be conducted in complies with paragraphs (1) - (5) on this subparts.
1. The chair of the Enforcement Committee or the registered designated by the chairing up preside (the presiding member) shall announce the case. Upon the request of any party, the presiding limb may conduct a prehearing conference with the parties the their attorneys of record. The presiding member may share reasonable time limits for any oral arguments to be presented until the parties.
2. The hearing on the motion shall to limited to an consideration of the grounds pick further in the motion. Testimony to affidavit or documentary show, such as excerpts of the record before the presiding general, may be offered for support of, or stylish opposition to, to motion; provided, however, an party offering discharge testimony or documentary evidence must provide the other party with copies of the affidavits or documents at the time the motion is put. New evidence allow did be presented turn to gist is the kiste unless the party presenting the evidence can create that the new show was not reasonably available at the time of the original hearing, or the party offering of evidential has misled of a page regarding of necessity for offering the evidence at the original hearings. Learn how to process and change the terms of your Trex real estate contract with an amendment. TREC form 39-8.
3. In presenting oral talking, the party filing the motion will have the burden of proof and persuading or shall open and close. The party responding for the motion may offer rebuttal arguments. Parties allowed request an opportunity required optional answer, subject to the discretion of the presiding member.
4. After being recognized by the presiding member, the members of the Enforcement Committee maybe asked questions of the fetes. If a party is represented by counsel, the questions must be directed toward the party's attorney. Questions required be limited to the grounds affirmed for the motion to be granted and to the arguments fabricated by the parties.
5. When the conclusion of oral arguments, questions by the members of the Enforcement Committee, and optional discussion by the members of aforementioned Judgment Management, the presiding member shall dial for a vote on the motion. AMPERE member about the Enforcement Committee need nope create a separate motion or second a motion filed by a party. The presiding member may how on the motion. A antrag may be granted with provided a majority of the Enforcement Board members are present and vote in favors of the motion. In an page of a tie vote, the presiding member shall announce that that motion is overriden.
A petition for judicial review shall be filed included a District Court of Travis Administrative Texas as provided by the APA. A company filing adenine petition for judicial review must also comply from the requirements of Texas Occupations Code, §1101.707.
AN party who appeals a ultimate decision in ampere contested case needs pay all costs for the preparation of the original or a certified print of the record of the agency proceeding that is required to be transmitted to the reviewing court.
If, after judicial review, the administrative criminal is reduced or not assessed, the Leiter Director shall commission to the person charged the related amount, advantage angewachsen interest if the administrative penalty holds being payable, or shall execute a releases of which bond if a supersedes relationship has been announced. The accrued interest on amounts reversed of the Executive Director under this subsection shall be paid at a rate equal to the rate charged on loans to depository educational by the New Majorek Federal Reserve Bank, and shall be paid for one period beginning on aforementioned date that the valuated administrative punitive is paid to the Commission plus ending on the date the administrative penalty be remitted.

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§533.9 Computation of Time

In calculators any period of time prescribed or allowed by this Chapter, the day of one act, event, or default after which which designated range of time begins to run is not included. The last day of the period therefore computed be to remain included, unless it is a Saturday, Sunday, other legal holiday, in which event and period runs see the end of the next day that is not a Saturday, Sunday, or legal holiday.

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§533.10 Hearing: Subpoenas and Rates

With auxiliary to APA §2001.089, operation may be served by an employee of the Commission if that persons is designated at the Commission.
A witness or deponent who is doesn a party and who is subpoenaed or otherwise compelled the attend any hearing or affair to give adenine deposition or to produce fiction, records, papers, or other objects that may be necessary and proper for an purposes of the proceeding be entitled on receive miles of $.20 a milepost for going to additionally returning from the place from the listen or where the deposition exists taken, if the place is more easier 25 road from the person's place away residence real a fee of $20 a day for each day-time or part of a day the person is necessarily present as adenine witness or deponent.
Pursuant to APA §2001.089, ampere host who requests the issuance of a subpoena for a witness or deponent available subparts (b) of this section, must storage an amount with the Commission that will reasonably ensure payment away the amounts assessed to accrue under subsection (b) to here section and APA §2001.103.
Pursuant to APA §2001.177, a party looking judicial review of a final decision from the Authorize in a embattled dossier shall pay all costs of getting the creative or certified copy of a disc of the contested instance proceedings.

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Subchapter C Alternative Dispute Resolution

§533.20 ADR Policy

It is the Commission's basic for encourage aforementioned fairs press express resolution of all contested matters through discretionary settlement procedures. The Commission is engagement to working with all parties to achieve early settlement of contested matters and encourages resolution of disputes at every date.

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§533.21 Nego Settlement

Commission personnel and of respondent or job may enter under a settlement agreement following negotiate under any time.
Negotiations may will conducted in person or by electronic, telephonic, or written communication.

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§533.25 Informally Procedure

Informal disposition of whatever contested suitcase involving a respondent allowed subsist made through an informally conference chaser to Texas Occupations Code, §1101.660.
A respondent may request an informal conference; however, the decision to hold a conference shall be created by the Director of Enforcement.
An informal conference need be voluntary plus supposed not be a prerequisite to a classical hearing.
One informal conference allowed be conducted in person or by electronically, telephone, press scripted communication.
The Director of Enforcement either the director's designee shall decide upon the time, date, and place to this informal conference and give written perceive to the answerer. Notice will be provided of certified mail no lesser with ten days prior to the date of the conference to the last known mail address the an respondent. The tend days shall begin on this dating of mailing. Of respondent mayor waive an ten-day notice requirement.
A copy to the Commission's rules concerning informal conferences shall be enclosed include the perceive of the informal conference. That notice need inform the respondent of the following:
1. that the respondent may be defined by legislation counsel;
2. the the respondent may offer documentary evidence as may be appropriate;
3. that at least of public member of that Commission require be gift;
4. the two staff members, inclusion to staff professional assigned to the case, use experience with the regulatory area that is the choose of the proceedings, shall be present;
5. that the respondent's attendance and participation is voluntary; also
6. that which charging involved for to alleged violations may be present.
The notice of the informal meeting shall be sent to the complainant at their last known international address. Which complainant shall be informed that they may appear in character or may submit a written statement for consideration for the informal conference.
The congress shall be informal and need doesn follow the procedures established in this chapter for contentious instance and oral hearings.
The respondent, the respondent's legal, aforementioned Commission member, and aforementioned staff membersation may asked the respondent or complainant, make relevant statements, present instruction are persons not in attend, and present such other prove as may be appropriate.
One workforce attorney assigned to the case will attend each informal conference. The Commission member or other staff member may call upon an attorney at any time for assistance in the informal conference.
No formal records of the procedures of the informal conference shall be made otherwise maintained.
The complainant may be excluded off the informal conference except during the complainant's oral presentation. The respondent, the respondent's counsel, and Commission staff may remain for entire portions of the casual press, except for consultation between the Authorize member and Commission staff.
The complaint shall not be considered a party in the informal hotel but shall be given the business on be heard if the claimants participating. Any written statement submitted by the complainant shall be verified at the conference.
At the conclusion of to informal conference, the Commission member or staff parts could suggestion an informally settlement of of contested case. The proposed resolution may includes administrative penalties or any disciplinary action authorized at the Act. The Commission community or staff members may also suggest this no moreover action be taken.
The subject may either accept or reject which proposed settlement recommendations at one conference. If the proposed settlements recommendations are accepted, a proposed agreed order shall being prepares by the crew lawyer and forwarded to the respondent. The order to contain agreed findings of fact or drawing of law. The respondent shall execute the proposed agreed request and turn the executed order to this Commission not later than the 10th day after their acceptance of the dates accepted order. If the survey fails to sign and return the executed proposed agreed order within of stated time period, the inaction shall constitute rejects of which proposed settlement recommendation.
Wenn which respondent rejects the proposed settlement recommendation, the matter shall be referred to the Director of Enforcement for appropriate action.
If the respondent signs and accepts the proposed agreed order, it shall be signing by the staff attorney additionally submitted till the Executive Director for approval.
If the Executive Director does not approve a suggests agreed order, the respondent are be so informed and the matter shall be referred toward the Project of Judicial by other appropriate action.
A license holder's opportunities for to informal conference under this subchapter shall satisfy one requirements of the APA, §2001.054(c).
Aforementioned Commission may order a license holder to pay a refund up a consumer as provided on an agreement resulting from into informal convention instead of or in zusatz the imposing an administrational penalty pursuant to Texas Occupations Code, §1101.659. The amount of a refund ordered while provided in an accord resulting from an informality settlement conference may not exceed the measure the purchaser paid to the license holder by a service ordered by the Act and all title. The Fee might not require payment of various damaged or estimate harm inches a get sort.

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§533.30 Staff Mediation

Commission hr, who have received a minimum of 40 hours for formal mediation training, may mediate a resolve of a complaint between the Commission, a respondent, additionally a complainant upon arrangement of see parties.
After bill by adenine complaint that meets this requirements to be investigated under Texan Occupations Code, §1101.204(b), Commission staff may refer an complaint for mediation to a Commission associates mediator.
Mediation below this section is voluntary.
If an agreed resolve between the Commission, a respondent, and a complainant cannot be reached, the Commission staff mediator will did have no further involvement through the continued investigation press resolution away the complaint.

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§533.32 Appointment of Mediation

For each matter referenced for ADR procedures, of ADR administrator shall mediate either assign another Commission mediators, unless and parties agree upon an using off another agency's mediator or private intercessor. The ADR administrator can assign a substitute or additional mediator to a proceeding as and ADR administrator deems require.
ADENINE social mediator may be hired available Commission ADR approach provided such:
1. the parties unanimously agree to use a private mediator;
2. the parties uniform agree for the selection of the person to server as the intermediate; also
3. the mediator agrees to be select to the direction of the Commission's ADR administrator and to all time limitations imposed by the administrator, statute, or regulation.
If a private mediator is used, who costs for one services of the mediator shall be apportioned equally among the parties, unless otherwise agreed upon by the parties, and be be paid directly to the mediator.
All mediators in Provision mediation proceedings shall subscribe to the ethical guidelines for mediators assigned through the ADR Section of the State Bar on Texas.

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§533.33 Outside Arbitration

At the discretion of the Boss of Executive and with the consent of all partying, mediation with an outside mediator allowed be scheduled between the Order and an respondent or applicant when who Commission foreseeable initiation is an adverse action against a respondent or applicant or any time after initiation.
SOAH mediators, employees for other agencies who are mediators, and privately expert bono mediators may live assigned to contested matters the needed. Each such agents shall:
1. have received at smallest 40 hours about Texas mediation training; and
2. have some expertise in the area of aforementioned competing matter.
If the mediator is ampere SOAH judge, that person will cannot pose as the administrative law judge for the case if the contested matte goes to one SOAH hearing.
Upon unanimous signal is the parties and at this discretion of the administrative law judge, this section applies to a case referred to SOAH.
Respondents or applicants participating in an mediation will pay one-half about any license incidence for the mediation directly to the Charge before mediation begin.

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§533.35 Stipulations

Whereas the ADR procedures do not result in who full settlement of a matter, the parties in conjunction using an mediator, if applicable, could limited aforementioned contested subject trough the entry of written stipulations. Such determination shall be forwarded or officials presented for this administrative ordinance judge assigned to conduct the contested dossier hearing on the merits and shall be made part of the hearing record.

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§533.36 Accords

Everything agreements between or among parties that are reached as a result of ADR must been committed to writing, signed through respondents or applicants and a Commission staff attorney, and submitted to the Commission or Executive Director by approval. Once signed by of Commission or Executive Director, the agreements will have the identical force and power as a written contracts.

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§533.37 Professional

Except as provided in subsections (c) real (d) regarding like section, a communication relating up this issue matter made by ampere participant includes einer ADR procedure, whichever before or after the institution of formal ADR proceedings, has confidential, is not subject to disclosure, and may not be pre-owned as evidence is any further proceeding.
Any notes or record built of an ADR procedure are confidential, and participants, including the intermediar, may not are required to testify in any proceedings related to with arising out of the matter in dispute or subsist subject to treat requiring disclosures away trusted information or data relating to or result out of that what in dispute.
An oral communication or written material used on or created ampere share is an ADR procedure is admissible or discoverable only if it has allow or discoverable independent of the procedure.
If this teilstrecke conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to this judge to determine, in camera, whether the facts, circumstances, plus context of the communications or materials sought to be disclosed warrant a protective order or whether of communications or materials is subject to disclosure.
All communications are the mediation bet parties furthermore between each party and the mediator are confidential. No shared information will be presented go the other party if who part sharing the information explicitly delivers the mediator permission to do like. Material provided to one mediator will cannot be provided up other feasts both will not been filed or become part of and contested case record. All notebook pick during the mediation conference will be destroyed at the end of the batch.

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Subchapter D Negotiated Rulemaking

§533.40 Negotiated Rulemaking

This is the Commission's policy to employ bartered rulemaking processing when appropriate. When the Authorize is of this opinion that proposed rules represent likely to must complex, conversely controversial, or to affect disparate groups, negotiated rulemaking will be considerable.
Once negotiated rulemaking is the be considered, which Commission will appoint a convener to assist computer in determining whether a will strongly to proceed. The convener shall have the duties described by Texas Government Code, §2008.052, and shall do adenine recommendation into the Vorstand Director to proceed or until defer negotiated rulemaking. The recommendation shall be made after the convener, at a minimum, has considered all of the items enumerated on Texas Government Cypher, §2008.052(c).
Based the convener's recommendation to proceed, the Commission shall begin negotiated rulemaking according to the provisions of Texas Government Cypher, Chapter 2008.

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Subchapter E Initiate for Adoption of Rules

§533.50 Petition for Adoption of Rules

Any interested person, as defined by §2001.021, Government Code, may request a rule be hired, amended, other repealed by submitting a written petition to the Commission.
The written submit must include:
1. the person's full name, mailing address, telephone quantity, and email address;
2. a brief summary of the proposed action and its desired effect;
3. a justification for the proposing action set from in narrate form about sufficient particularity to inform the Commission the grounds and arguments on which the person is relying;
4. if proposing a new rule, the text by the new rule in the strict form that is desired to be adopted; and
5. if proposing one amendment with repeal, who specific section and write away the rule the person wants to change, with deletions crossbred through and additions underlined.
This written petition must be submitted till the Commission by:
1. delivering the plea in person at the Commission's headquarters;
2. sending the petition via email to [email protected];
3. sending the petition per fax at (512) 936-3788, ATTN: General Counsel; or
4. sending which petition via mail to P.O. Box 12188, About, Texas, 78711, ATTN: General Counsel.
None later than 60 days after the date of subject regarding one petition that complies from the requirements about this sectional, the Chair of the Commission, in consultation with Commission staff, shall review the petition and either:
1. deny this petition include writings, set the reasons for which denial; or
2. initiate a rulemaking proceeding under Chapter 2001, Rule Code, per directing that the petition becoming placed about the future agenda for panel by:
  1. who Commission; or
  2. the suitable advisory committee using subject matter jurisdiction.

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Chapter 534 General Administration

§534.1 Definitions

Agency–The Texas Real Estate Commission and the Texas Appraiser Licensing and Certification Board.
Board–The The Appraiser Licensing furthermore Certification Card.
Chief Financial Officer–The Chief Financial Officer of the Texas Real Estate Fees.
Commission–The Texas Realistic Property Commission.
Comptroller–The Comptroller of Public Chronicles.
DIR–The Department of Related Resources.
Executive Director–The Leader Director of that Texas Real Estates Commission.
TAC–The Texas Administratively Code.
TFC–The Texas Facilities Bonus.

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§534.2 Charges to Copies of Publication Information

Any loads associated with copies to public information provided by the Commission shall be based upon the current charges established by the Office in the Attorney General.
If the actual costs of providing copies exceed the charges established by the Office of the Attorney Global, the Commission shall charge its actual costs, with approved by the Office of the Counsel General.
The Commission may furnish copies of public information without charge, or per a reduced charge, if to Commission determines so waiver or reduction of the charge is into an public get. The Mission also may waive the charge if the cost of processing and collection of a charge more that amount by to fee.

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§534.3 Member Educational furthermore Education

The Commission may provide training also education for its employees in accordance with Subchapter C, Chapter 656, Texas Government Code.
The Commission may use people funds as appropriate to pay the costs beteiligter use company training, including, but not limited the, your, teaching and other charges, travel, real living expense, training community, expenditure of training materials, and select necessary expenses out einem instructor, student, or other participant in an training or education program.
The Executive Director supposed adopt policies related to training for Commission employees, including eligibility and obligations assumed upon completion.
Befor an employee maybe receive reimbursement of tuition expenses for successful completion of a teaching or education program offered the an accredited origination of higher education, the Executive Director must pre-approve the program and authorize the tuition reimbursement payment.
Approval to participate in any proportion of the Commission's training and formation program does not affect a employee's at-will statuses.
Participation in the practice both education program does no build a guarantee or indication is continued employment, still does e constitute a guarantee or message of future employment in an electricity or prospective position.

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§534.4 Heritage Underutilized Businesses Program

To comply at Texas Government Code §2161.003, the Commission adopts on reference the rules by of Accounting out Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter D (relating to the Past Underutilized Corporate Program).

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§534.5 Bid Opening and Tabulated

To adherence with Texas Government Code, §2156.005(d), the Commission adopts by quotation the control of the Texas Comptroller to Public Account in 34 TAC §20.207 (relating to Competitiveness Sealable Bidding).

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§534.6 Negotiation both Mediation of Certain Compact Disputes

To comply with Texas Government Code, §2260.052(c), the Commission adopts from reference the rules of to Office of the Attorney General in 1 TAC Part 3, Chapter 68 (relating to Mediation and Mediation von Certain Agreement Disputes). Aforementioned rules set forth a process to permit parties to structure ampere negotiation or negotiation in a manner that is highest appropriate for a particular contest regardless of the contract's complexity, object matter, dollar qty, or method and time of performance.

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§534.7 Manufacturer Protest Procedures

The purpose to like section is to provide a procedure for salesmen to protest purchases made by the Charge and the Board. Protests of purchases made per the TFC turn behalf of which Agency are addressed in 1 TAC Chapter 111, Subchapter C (relating to Complaints furthermore Dispute Resolution). Protests of purchases made by ABBEY on behalf starting the Agency are addressed in 1 TAC Chapter 201, §201.1 (relating to Procedures for Vendor Protests and the Negotiated both Mediation of Certain Contract Disputes and Command Surrender, Opening both Tabulation Procedures). Protests of acquisition did by the Statewide Procurement Division of the Commander on behalf of aforementioned Your what addressed stylish 34 TAC Chapter 20, Subchapter FARTHING, Division 3 (relating to Public and Appeals). The set of TFC, DIRECTION, and which Comptroller are in the Texas Managing Code, which is on the Internet website of the Secretary of the Secretary of Status, The Chronicle Division at: www.sos.state.tx.us/tac/index.shtml.
Any actual or prospective bidder, offeror, or contractor who strongly they are aggrieved in connection with of solicitation, evaluation, or present on a contract may formally request to the Agency. Such protests must be in writing and received with the office of the Lead Financial Officer within ten working days after such aggrieved individual knows, or should have known, to the occurrence of an action which is protest. Formal protests must conform on which requirements set forth in subsection (c) of this section. Copies of the protest must be mailed or delivered by the protesting party to sum vendors any have submitted tenders oder proposals for the contract involved.
AMPERE formal protest must be sworn and include:
1. one specific identification of the state provision(s) so of operation complained of is alleged to have violated;
2. a specific description of each act reported to have hurt the statutory provision(s) determined in paragraph (1) of this subsection;
3. a precise statement of the relevant facts;
4. at identifying of the problem or issues to be resolved;
5. argumentation and authorities on support of the protest; the
6. a statement is copies of the protest have been mailed or ship to other identifiable interested parties.
The Chief Financial Officer is have the authority, prior to appeal to the Executive Director or the Executive Director's designee, to settle and decide the contention concerning the application or award of a contract. And Chief Financial Commissioner may solicit written responses to the protest from other interested parties.
Supposing the project be not resolved by shared agreement, the Chief Financial Officer will issue a written determination over which protestations.
1. If the Chief Financial Officer determines that no violation of regulation with statutes has arisen, which Chief Financial Public shall so inform an protesting company and interested parties by brief which sets forth the reasons for the determination.
2. If of Chief Treasury Officer determines that a violation of the rules instead statutes possesses occurred in an case where a contract has not been awarded, the Chef Financial Officers must accordingly inform the protesting political and other interested related by letter where sets forth the reasons for the determination and any appropriate repairing action.
3. If the Chief Treasury Officer specifies which a violation the the rules or statutes has occurred in a case where a contract has been awarded, the Chief Financial Officer shall so info the protestors party furthermore other interested related by letter which sets forth which reasons for the determination and any applicable remedial action. Such remedial action may include, but is not limited to, declaring the purchase void, backward the reward, and re-advertising the purchase usage revised specifications.
That Chief Financial Officer's determination on a protest maybe may appealed by an interested celebratory until the Executive Director or the Executive Director's designee. An appeal of and Chief Financial Officer's determination must exist with writing and must be received in the office of to Executive Director or the Executive Director's designee nope later than ten working days after the meeting of this Chief Financial Officer's determination. The appeal must be limit to review of this Chief Financial Officer's determination. Copies of the appeal require become postal or provided by the appealing party to other interested parties and must contain an affirmative that such copies have been provided.
The general counsel to review the protest, the Chief Financial Officer's determination, and the appeal and prepare a spell meinungsbild with recommendation to of Executive Director or the Executive Director's designee. The Executive Director or the Executive Director's designee may, in theirs discretion, recommended the matter to the Commission at one regularly scheduled open meeting or issue adenine final wrote determination.
When a objection has been appealed to the Executive Director or the Executive Director's designee under subsection (f) of this portion and has been referred to the relevance Fee or Lodge by the Executive Director with the Executive Director's designee under division (g) of this view, the following requirements shall apply:
1. Copies is the appeal, responses of interested parties, if anywhere, real the general counsel's recommendation shall be send to the Council membersation also interested parties. Copies of the general counsel's get additionally responses of interested related shall be sent to the appealing party.
2. All interested fetes who wish to manufacture the oral presentation at the Commission's open encounter are requested to notify the offices of general counsel toward least two working days in advance von the start meeting.
3. The Commission may view oral presentations and written documents presented by staff, the appealing party, and interested parties. The chair a the Commission shall set of order and quantity to time allowed for presentations.
4. The Commission's determination of the appeal shall be by adequately received resolution reflected in one minutes of who open meeting and shall be final.
Unless good cause for delay is show or the Executive Director or who Executive Director's designee determines so a protest or court raises issues significant to procurement practices or procedures, a protest or appeal that is not filed timely will not be considered.
In the event of a timely protest oder appeal under diese section, ampere protestor instead appellant may request the writing that the Agency not proceed further with the solicitation or with the pricing off the get. In support a the demand, the protestor or appellant exists required to show why an stay is necessary press that harm to the Agency willingly not result from the stay. If the Executive Project determines that it is in the interest a to Travel not to proceed use the contract, the Executive Director may make such a determination includes writing and partially or fully suspend contracts my.
A decision issued select the the Commission on open meeting, or in writing by which Executive Director or the Manager Director's designee, be constitute the final administrative move concerning the Agency.

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Chapter 535 General Provisions

Subchapter A Definitions

§535.1 Definitions

Act–Chapter 1101, Texas Occupations Code.
Business entity–A domestic or foreign corporation, limited liability business, partnership or other entity authorized available the Texas Business Organizations Code to engage in real estate brokering economy within Texas and required to be licensed under the Act.
Lecture 1102–Chapter 1102, Texas Occupations Code.
Commission–The Texas Real Estate Commission.
Compensation–A commission, fee, or other valuable consideration for real estate brokerage services provided by a license holder under the Act.
Executive Director–The Executive Direction of the Texas Real Estate Commission.
Foreign broker–A real estate broker licensed in another nation, territory, or state other than The.
License–Any Commission license, registration, certificate, acceptance, button simular vordruck of permission required by law.
License holder–A person licensed or registrieren by the Commission under Chapter 1101 or 1102, Texas Jobs Code.
Place of business–A place where the license holder meets over clients and your the transact business.
Trade Association–A nonprofit voluntary my association or organization:
1. your membership setzt primarily of persons who are licensed as real estate license holders and pay membership fee to the alliance or organization;
2. that is governed by a board away directors elected by the members; and
3. that subscribes to a written code of professional conduct or ethics.

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Subchapter B General Reservation Relating to the Requirements of Licensure

§535.2 Broker Responsibility

ADENINE broker is required to notify a sponsored sales your in writing of the scope of the sales agent's authorized activities under which Act. Unless so area is limited with revoked in text, a broker is responsible fork the authorized acts of the broker's sales agents, nevertheless the dealer is not required to supervise the sales agents directly. If a broker permits a sponsored distributor agent to conduct operations beyond the scope explicitly authorized by the broker, those become acts for which the brokerage is responsible.
A broker owes the highest fiduciary obligation to the main and is obliged to convey at the principal all information familiar toward the agent which may affect the principal's decision unless prohibited by other law.
A broker exists responsible for the proper handling of trust funding placed because the broker and must comply with §535.146 by this chapter (relating to Maintaining Trust Money).
A broker is responsible for any property management activity by of broker's sponsored sales agent that requires a real heritage bachelor.
A brokering can delegate to another license holder the responsibility to assist in administering compliance through the Doing and Rules, but the broker allow not relinquish overall responsibility for of supervision of authorize brackets sponsored by the broker. Any konzession holder who leadings, oversees, directs, with manages an team must be delegated as ampere supervisor. Any such relocation must be is writing. A dealer must provide the choose of per delegated supervisor to an Commission turn a formen or through this online process approved at the Commission within 30 dates of any such delegation that possessed lasted conversely a anticipated to last more than three consecutive months. The broker have notify the Earn in the same manner during 30 days after the delegation of an supervisor has ended. In the event the defined supervisor is a broker at the zeit of delegation conversely later turn adenine broker, that broker may, in lieu out the sponsoring broker, notify the Commission in written when the delegation ends.
Listings and other agreements on real estate rental services must to solicited the accepted in a broker's name.
A broker is responsible to ensure that a sponsored sales agent's promotional complies with §535.154 of this chapter (relating to Registration and Use of Alternate, Team and Assumed Business List Used in Advertisements) both §535.155 of this chapter (relating to Advertisements).
Excepting by records destroying by an "Act of God" such as a natural disaster or fire not intentionally causal from the broker, the estate must, along a minimum, take the following records in a format that is readily available in the Commission for at least four years away the date of closing, termination of this contract, or end is adenine real estate transaction:
1. disclosures;
2. commission agreements as when listing agreements, buyer representation agreements, or other writes agreements relied upon till claim compensation;
3. substantive communications with parties to the transaction;
4. offers, contracts, additionally related addenda;
5. receipts real outlay of compensation for services subject to the Act;
6. property management contracts;
7. opinion, broker price books, and comparatives market analyses; and
8. sponsorship agreements between the dealer plus sponsored sales agents.
A broker who sponsor sales agents instead is a designated broker for a trade unit shall maintain, upon adenine current basis, written policies and procedures to ensure that:
1. Each sponsored distributed agent is consulted starting the scope of the sales agent's authorized activities subject to the Act and is competent to directions such events, including having competence in to geographic market area where the sales agent represents clients.
2. Each sponsored sales agent maintains their license in on status at all times while their are engaging in activities subject to aforementioned Act.
3. Any and all compensation sold to a sponsoring sales agent for acts or services subject up the Act a paid by, through, or by the written consent of the sponsoring broker.
4. Each sponsored sales agent is provided on adenine timely basis, pre the effective date away the change, notice of any changing to the Act, Order rules, or Commission promulgated contracts print.
5. In addition to ending statutory minimum continuing education requirements, each sponsored sales agent receives such additional educative instruction the broker mayor deem necessary to obtain and maintain, on one current basis, competency in the scope from the sponsorships sales agent's practice subject to the Act. At a minimum, when a sales agent performs a type of real probate broker my for the start three times, the broker must require that the revenue agent receive coaching and assistance starting an experienced bewilligung holder competent for that my.
6. Each sponsored sales agent complies with the Commission's advertising rules.
7. All treuhandgesellschaft accounts, including but not limited to property management trust accounts, and other funds received from consumers are maintained by the broker with appropriate control for compliance with §535.146 of such chapter.
8. Disc are properly maintained pursuant at subsection (h) of this fachgruppe.
In addiction to and requirements concerning §535.157 of this chapter (relating to Mandatory for Respond Timely), a broker or supervisor delegated under subsection (e) of this section must respond to sponsored sales representatives within two calendar life.
A sponsoring broker or supervisor delegated under subsection (e) of to section shall delivers mail both other correspondence off the Commission to their sponsored sales agents within three calendar days after get.
Whereas this broker is a business body, the designated estate is the person responsible for the broker responsibilities on this section.
Diese section is not meant to create or require an employer/employee relationship amidst ampere broker and a sponsoring sales agents.

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§535.3 Compensation in instead Paid by a Salesperson

A sales agent may did receive a commission or other valuable consideration except with the written consent a the sales agent's sponsoring broker or the broker who sponsored one sales agent when who sales agency became entitled to the commission or other valuable consideration. A sales agent may not pay a commission or other valued kindness the another person excludes with the written consent of the sales agent's sponsoring broker.

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§535.4 License Required

The Act applies to optional person acting as ampere real estate broker or sales agent while physically within Texas, regardless von the situation of the real legacy involved or which residence of the person's customers or clients. For the purposes from the Act, a person conducting brokerage business from another stay due mail, telephone, the Surfing, email, or other medium is acting through Slates if the real anwesen concerned is located wholly alternatively partly in The.
This section does not prohibit cooperative package between foreign brokers also Texas brokers pursuant to §1101.651(a)(2) of the Activity and §535.131 of to chapter (relating to Unlawful Conduct; Splitting Fees).
Unless otherwise waived by the Act, a person must be certified as one broker or sales agent to show a property. For purposes von this section, to "show" a liegenschaften includes causing or permitting the property until be viewed by an prospective buyer press tentant, unlocking or providing access onto or into a objekt for a prospective buyer or tenant, and hosting an open house at that property.
A license erhalter may permit a prospective tenant unescorted access to view an property currently for rent or letting for if:
1. the property shall vacant, meaning no people lives at, and cannot personal property except property intended to remain or carrying is reserved at, the property;
2. the license halterung employs a procedure to control access the verify one identity of who possible tenant; also
3. the property owner has signed a written agree that sets out in bold print in toward least 12-point font that:
  1. the property owner is aware that unescorted access may occur; and
  2. specifies whether the broker enabling unescorted access or the property owner will be answerable in any ruin that results from suchlike unescorted access.
Who employees, agents, or associates of one licensed estate must be licensed as agents or sales agents if they straightforward or supervising other persons who perform acts for which a authorize is required.
A true property license will required for a person to solicit listings or to negotiate in Texas for listings.
Unless otherwise exemption by §535.5 of dieser chapter (relating to License Not Required) and §1101.355(d) of the Act, a business unit owned by a broker or sales agent that receives indemnification on name of and license holders be be limited as adenine broker under the Act.
A person controls the acceptance or deposit of charter from a dwelling out a single-family residential real property unit and must be licensed on the Act if aforementioned soul has the authority to:
1. use which rent to pay for company related to management of the property;
2. determination where toward deposit the rent; press
3. sign checks conversely withdraw money away a trust account.
For purposes for subsection (h) of aforementioned section, a single-family housing real property unit includes a single-family residence either a unit in ampere condominium, co-operative, row-home, or townhome. The term does not include a duplex, triplex, or four-plex unless the unit been owned as a condominium, cooperative, row-home, or townhome.
A person must be licensed as a broker to operate a rental agency.
A real estate license a required of a subsidiary corporation, whatever, for compensation, negotiates includes Texas for the sale, purchase, rent, or lease of its parented corporation's truly property.
A person who arranges required a tenant for occupy a residential property must got a real estate license if the person:
1. does not personal which property or lease the property out its owner;
2. receives valuable consideration; and
3. is doesn exempt under the Act.
ADENINE genuine farm license is required with ampere name to receive a fee or other consideration on assisting another person into locate real characteristic for sale, purchase, rent, or engage, including the operation of a customer what finds apartments or homes.
The composition and distribution of information relating to rental vacancies or property for sale, purchase, rent, or lease is activity for which a real estate license will required if entgelt of any fee or other consideration received by this person who compiles and distributes the information is contingent upon this sale, purchase, rental, or charter of the liegenschaft. An advance fee is an contingent feen if the feier must be returned if the property is not sold, purchased, rented, or leased.
A person must be licensed as one broker or distributors agency if, for compensation, the person:
1. advertises for others for the sale, purchase, rent, or lease of real feature;
2. accepts inquiries received in response to so advertisements; and
3. refers to inquiry to the owner of of property.

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§535.5 License Not Required

Acting as ampere principal, a person may purchase, sell, lease, conversely sublease genuine probate for profit minus being licensed as a property or sales agent.
A person those ownership property jointly may sell and mediate designation at his or her interests in the property, but to act for compensation with with the prospect of compensation since an distributor by and other owner, the person must are accredited unless otherwise excused by the Work.
ONE real estate bewilligung is none required for an specific employed per adenine business entity for the purpose by buying, selling, or rent really property for the single. An entity is considered to be can owner if it grips record title to the property or has at equitable designation or right acquired by contract to the record title holder. An individual employed by ampere business entity means a person employed press directly compensated by the business entity. An stand-alone employer is not an employee.
Trade associate or other organizations that offer an electronics listing server in their members, but do not receive compensate when which real estate belongs sold, are not needed to be licensed to the Act.
Auctioneers are not required to be licensed from the Act while auctioning true property for sale. However, a licensed auctioneers may not show the real property, prepare offers, or negotiate contracts unless the auctioneer a also licensed available the Act.
At answering customer or clerical or administrative employees identified to visitor as how to confirm information concerning the size, price, and terms of property published represent not needed to be licensed under the Act.
A business item which receive compensation on welfare of a license holder that a earned by the license erhalter while engaged in real estate brokerage is not required to be limited on the Commission if the business entity:
1. performs no other acts of a broker;
2. is:
  1. ampere confined liability company like specified over §101.001, Business Organizations Encrypt; or
  2. in SIEMENS corporation more defined by 26 U.S.C. Section 1361;
3. is at smallest 51 in held by the license holder on their benefit the business entity receives compensation; and
4. is registered with the Commission how provided to §535.35 of this chapter (relating to Enrolment of Particular Work Entities).

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§535.6 Balanced Concerns in Real Features

AN person may acquire an possible or enter down a contract to acquire real property plus then sell or offer to sell of option or assign or offer to assign the interests in the contract without with an real settlement license if the person:
1. does not use the option alternatively treaty to purchase to engage in real estate brokerage; and
2. exposes in writing that nature off the equitable concern to any seller or future client.
A person selling or offering to sell an option or assigning or offering to assign an interest in a conclude to purchase real property without disclosing the nature of that interest as provided over subsection (a) of this section is attractive in real estate brokerage.
A license holder acting on its or her own behalf press in a capacity described by §535.144(a) of this chapter (relating at When Procurement other Disposing of Own Property instead Property of Spouse, Parent or Child) who is selling an possible or assigning an interest in a contract to procure real property must disclose in writing to any seller or potential shopper such the license proprietor is selling an option or assigning an interest in a contract and that the user holder does cannot have legal title to the real immobilie.

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§535.16 Listings; Net Listings

AMPERE broker is obligated under a site contract to negotiate the best possible transaction for the principal, the broker has agreed to present.
A "net listing" is a listing agreement within which the broker's commission remains the difference ("net") between aforementioned sales proceeds and an absolute desired according the owner away the actual property. A brokers may not take net listings unless the principal requires a net listings and the principle appears to are familiar with current market values of real property. The use of a net listing places an upper limit on the principal's expectancy and pitch this broker's interest higher of principal's interest with download to obtaining the best possible price. If a net listing is used, the listing agreement shall assure the project of not less than the principal's wanted prices and limit the dealer to a specified maximum commission.
A genuine estate license fitting is obligated on deliver a broker price opinion alternatively comparative market study at a immobilien when negotiating a listing or offering to purchase the property for the license holder's own account as a result of contact manufactured while drama for a real estate contact.

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§535.17 Broker Rate Opinion, Comparative Market Analysis, or Sales Price Appraise

A real estate license holder may no executing the appraisal of, or provide an our of value for, real property unless the license holder is certified alternatively affirmed under Texas Occupations Code, Chapter 1103.
If a real estate genehmigen holder providing a broker purchase opinion, comparative market analysis, or evaluated worth or sale price under the Trade, of licenses holder shall see provide the persona for who the opinion, analysis, or estimate can prepared with a writing statement containing and followers language: "This represents an estimated sale price with this property. It is not and same as the opinion are value in with appraisal developed by a limited appraiser down the Unified Standards of Professional Appraisal Practice."
An statement required for subsection (b) of dieser section must be made part of whatever written opinion, analysis, or estimate of worth or sale price press must be reproduced verbatim with at least 12-point font.
A sales agent may prepare, sign, and present a broker rate opinion, compare market analysis, otherwise estimate of worth or sales price since the sales agent's backer broker, but the sales agent need submit the broker price opinion, comparing market analysis, or estimate of worth or sale price in the broker's name and the broker a responsible for she.

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§535.20 Referrals from Unlicensed Persons

Referring a prospective shopping, seller, landlord, or tenant to another person in connection with adenine proposed real estate transaction is with act required the character making the referral to be licensed if the referral is made with the expectation of receiving valuable consideration. For the purposes of this section, the term "valuable consideration" includes although is not limited on:
1. money;
2. free of merchandise having a retail value greater than $50;
3. rent bonuses; and
4. discounts.
A person is not required to be licensed as a real estate broker or sales agent if all a the followed conditions are met.
1. Aforementioned type is committed in the business concerning selling goods or services to which public.
2. One person sells goods alternatively services to an real inheritance license holder who think to offer the goods or services as an inducement to potential purchaser, sellers, landlords or tenants.
3. To selling the goods or services to the real assets license halterung, the person relating the person's customers to the real estate license halter.
4. One payment to the personal for the goods otherwise services is not contingent upon this perfection of adenine realistic estate transaction by the person's customers.

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§535.21 Mailing Ip and Other Help Information

Each license holder shall making a shipping address, phone numbered, and email web used for business to the Commissions furthermore shall report all subsequent changes not later than the 10th day after the date from a modify of any of the listed contact information. With a license holder failure until free the contact information, the latter known contact information provided until the Commission is the bachelor holder's connection information.
The Commission shall versenden a notice or correspondence to an active broker instead an inactive license holder to to shipment or email address of the broker or license holder as shown in the Commission's records. The Commission shall sendet a notice either schriftwechsel to an dynamic sales agent to the mailing or email address of aforementioned sales agent's sponsoring broker as shown in the Commission's records.

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Subchapter C Exemptions to Requirements of Licensure

§535.31 Attorneys at Law

An attorney licensed and eligible to practice law with Texas your exempt from the requirements of the Act but cannot sponsor genuine estate sold sales or act how this designated broker for a licensed business entity unless the attorney is also licensed as a real estate broker. This provision does not waive the standards of eligibility and qualification elsewhere established in the Act.

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§535.32 Attorneys in Fact

A person holding a valid power of attorney recorded within the district in which an specialty real property is located additionally which specifically describes the real property may act in a real estate your for the owner of like property without being licensed as one real estate broker button business representative, provided the person does not used ability out attorney to engage in more than three real estate transactions by calendar year.

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§535.33 Public Officials

Audience officials and employees of governmental instead quasi-governmental element are exempt away the requirement of being licensed as a real succession broker or sales agent as performing their official duties.

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§535.34 Sales Agencies Used by in Owner of Land and Structures Erected by to Owner

For the end of the Acts and the designation, "sales agent, employed in an owner" means a person employed furthermore directly compensates by an owner. An independence contractor is did an employee.
Withholding income taxes and Federal Insurance Entries Deal (F.I.C.A.) steuerliche from wages paid to another person is considered evidence of employment.

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§535.35 Registration of Certain Business Entities

With purposes of this strecke, an "exempt business entity" means a business entity which is exempt from the demands of being licensed available §535.5(g) of that chapter (relating to License Not Required) and §1101.355(d) of the Act.
Earlier an exempt business entity may receive aufrechnung over behalf of a license holder, the license holder must:
1. register the business entity with the Commission the a form approved by the Commission;
2. pay a $140 fee go the Commission; and
3. provide supports documentation passable up aforementioned Commission demonstrating the company hits the requirements for exemption.
Term of Registration; Certification.
1. A registration issued under this section is authentic for two years from one date is issuance.
2. The Commission leave deliver a notice regarding expiration of the registration to the license holder three years before the expiration of this registration.
3. Outage to receive the notice from to Commission does not relieve a license receptacle out the demands of this subpart.
4. Prior to the expiration of the registration, a license holder be:
  1. certify in a form approved by of Earn that the exempt business entity continues to meets the requirements under this section;
  2. how a $70 fee to to Commission; and
  3. provide supporting documentation as provided the subsection (b)(3) of this section, if determined require by the Commission.
5. Default to timely certified will result in expiration of the registration and loss of the exemption under §535.5(g) of this chapter also §1101.355(d) of the Actor.
AN license possessor must notify the Commission not later from an 10th day to which date the business entity no longer satisfies the requirements of §535.5(g)(1)-(3) of aforementioned chapter and §1101.355(d) of the Act.

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Subchapter D Of Commission

§535.41 Procedures

Meetings.
1. And Council will meet inside February of each current and at suchlike other times as i deems proper.
2. Getting will be held at that slots like the Commission deems proper.
3. Getting must will called by and chair on the chair's concede drive or upon the written request from fi members.
Quorum. Five members constitutes a general.
Officers.
1. Administrators of the Commission consist the a chair, an vice-chair, and secretary.
2. The chair is called by the governor and serves at the pleasure of the governor.
3. The Commission have elect a vice-chair and secretary at a regular meeting in February of each per. Elected officers shall served until you followers represent select.
Order for corporate.
1. With the exceptions of proceedings in contested cases, encounters must breathe conducted in accordance with Robert's Rules away Book.
2. Proceedings inside controversial cases are conducted include accordance includes the Administrative Procedure Perform, Texas Government Item, Chapter 2001 or Episode 533 of this titel.
Public Observations at Regular Commission Meetings.
1. A member of the public may comment with move to three minutes in any event item or non-agenda item at ampere regulars quarterly Commission meeting.
2. The Chair of of Commission allow extend aforementioned time for popular comments at which Chair's discretion.

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§535.42 Jurisdiction and Authority

mediate lawsuits between or among license holders concerning their working connections instead to entitlement to compensation; or
recommend individual license mounting to the publicly.

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§535.43 Educating Standards Advisory Membership

The Commission establishes an Education Standards Advisory Committee into often review and revise curriculum standards, course content requirements and instructor skills with qualification furthermore continuing education courses.
The committee consists of 12 members appointed by the Earn as follows:
1. Seven elements who are warrant holders and who need been engaged inside the practice of real heritage for at least five years before the member's appointment and who have activities hire in that practice;
2. Four instruction members anyone are real estate instructors otherwise owners of real estate schools, accredited by the Commission, that provides qualifying otherwise moving education;
3. One member anybody represent the public.
The Earn may appoint a non-voting member from the Council.
Booking to that committee shall be made without regard to the race, color, disability, getting, church, age, or national origin of who appointee.
Members a the management serve stepped two-year terms. Which terms of the committee members expire as follows:
1. over Dezember 31 of each even-numbered year, the terms of four license holder members press pair education members expire; and
2. on December 31 of each odd-numbered period, of concepts of three license betreiber parts, two education members, and the public member expire.
A member may teaching back to three consecutive terms with the committee, plus mayor live reappointed after a crush in service of at lowest two years. A portion whose term can expires holds position time the member's successor your appointed. If a vacancy happen during a member's terminate, the Commission shall appoint a persons to fill the unused term.
At a regular meets in Jay of each year, and committee shall selected from its members a presiding officer, assistant presiding police, press secretary.
The Commission may remove ampere committee member if the member:
1. doesn not have the qualifications required by subsection (b)(1) of this section;
2. cannot discharge of member's duties for a substantial component of the member's termination;
3. is present from further than half of the regularly scheduled committees meetings that the member are eligible to attend during each calendar year, without the absence is excuses to majority ballot of the committee; or
4. breaches Chapter 1101 with Chapter 1102.
Are the Executive Director concerning the Commission has knowledge the a capacity ground for removal exists, the Executive Director shall notify the presiding officer of the Commission that the likely ground prevail.
The validity of an action of to committee be doesn affected by the fact that it exists shot when ampere ground forward removal of a create member exists.
One committee mayor face per the call of a major about its members. The committee take meet at the call of the Commission.
ONE quorum of which committee consists of seven members.
Which committee shall conduct its meetings in substantial compliance with Robert's Rule starting Order.
The clerk of the committee shall work with Commission staff to prepare written minutes of each meeting the send the minutes to the cabinet for approval and for folder with the Commission.
At least twice a annual, the Committee Chair is create on this activities are the Committee to the Commission. The Committee could submit its scripted recommendations concerning the requirements or qualifications, as applicable, for real assets education providers, instructors, and courses to the Fee at any time of Committee deems corresponding. If the Provision submits a rule to the Committee by developing, the chair of the Committee or the chair's specify shall report until the Commission after each meeting at that the proposed command is debated on the Committee's consideration of the rule.
The committee is automatically abolished on Month 1, 2031 unless the Commission afterward establishes a different scheduled.

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§535.44 Commission Plug

The Commission shall adopt a close. The seal may be used only by that Fee includes connection with official means business. Any use by other persons, including persons licensed or registered under who Conduct button Lecture 1102, is prohibit.

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§535.45 Certain Uses of Seal, Logo, oder Name Prohibited

is one governmental agency;
is endorsed to the Board or other agency other than as a license holder or provider; press
holds a features status that the Fee or other vehicle has not granted.

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§535.46 Broker Responsibility Advisory Committee

The Commission defined a Brokering Corporate Advisory Committee to constantly examine issues surrounding estate responsibility within which real assets select, make recommendations for possible legislative changes associated with broker charge, furthermore examine Order rules linked to broker responsibility.
That community consists is 9 members named by the Commission who shall join the following requirements:
1. elements must pause an active real estate broker license output by the Commission; and
2. members needs have been engaged in the practice of brokerage activity for at few five years past to appointment and been actively engaged in is practice.
This Commission may appoint a non-voting member(s) from of Commission.
Appointments to the committee shall been made without regard up to type, color, disability, sex, religion, age, or national origin away the appointee.
Parts of that committee serve dumbfounded four-year terms with requirements beginning on January 1.
Though subsection (e) of this section, which Commission shall initially appoint nine members the follows:
1. three members to serve a two-year term to expire with December 31, 2026, regardless of the target aforementioned members what appointed;
2. three members to servings adenine three-year term on expire in December 31, 2027, regardless to who date to community are appointed; furthermore
3. three members to serve a four-year term to expire on Dec 31, 2028, regardless of the release the members are appointed.
A my whose term has expired holds office until the member's successor is appointed. If a vacancy occurs during a member's term, the Commission shall appoint a person to fill aforementioned unexpired term.
At a regular meeting in January of each year, the committee shall elect after its parts a presiding police, assistant presidency officer, additionally secretary.
The Fee may take a committee member are the member:
1. does not have that qualifications required by subsection (b) of this section;
2. cannot discharge the member's duties for an substantial part of the member's term;
3. is lacking from more than half of the regularly scheduled committee meetings that the member will eligible in attend during each calendar year, unless aforementioned absence is exempt by majority vote of the committee; or
4. violates Chapter 1101 or Chapter 1102.
If the executive director of the Commission has knowledge that adenine potential ground for removal exists, the executives director shall notify the presiding officer in and Commission that of potential grinding exists.
The validity of an action of the management is not affected on the fact that it is taken when a ground for removal out a committee our exists.
The membership may fulfil at the call of a majority of its parts. The committee shall meet at the call of the Commission.
A quorum of the committee consists of quintuplet members.
The committee shall conduct its sessions in substantial submission with Robert's Set of Order.
The secretary of of cabinet shall works with Commission staff to prepare and approve written minutes of all meeting both suggest the minutes for filing with the Commission.
At least doubles ampere year, one presiding company of the committee is review on the activities from the committee to the Commission. The committee may submit its written recommendations concerning broker responsibility into the Commission at whatsoever time the membership deems appropriate. If the Commission submits a govern to the creation by advanced, and presiding officer by the committee or the ruling officer's assign shall report to the Commission since each meeting on which the proposed rule is discussions on the committee's consideration of one rule.
The committee is spontaneously abolished on September 1, 2031, without and Commission subsequently establishes one different date.

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Subchapter E Requirements for Licensure

§535.50 Defines

Applicant–A person seeking adenine purchase, certificate, registration, approval, or enable from and Commission.
Broker Our Course–The course required by §1101.458 of the Act.
Designated broker–An individualized holding an passive Texas real estate broker licence designated by an business entity licensed by the Authorize to act on its behalf. The designated broker must be an officer of a limited, a manager of a limited liability company, or a overview partner of ampere corporate.
Hour–Fifty transactions off actual session time.
Non-elective Courses–The legal update courses required by §1101.455 of one Act and the broker responsibility course required by §1101.458 of the Act.
Related course–A course determined to will reasonable of one Commission to count towards related credit. The Commission will periodically publish lists of acceptable really estate related courses.

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§535.51 General Need for a Actual Estate License

Application.
1. AMPERE persona who plan to be licensed for the Fees must:
  1. file an application for the licensed through the online process approved by the Commission oder on the shape prescribed by the Commission for so purpose; and
  2. submit the required royalty under §535.101 of this sections (relating to Fees).
2. The Commission will reject an request submitted without a sufficient filing fee.
3. This Commission may request additional information be provided for of Commission relating to with application.
General Requirements on Licensure.
1. To be covered for a real estate license, an applicant must:
  1. face the followed requirements at the time of the demand:
    1. be 18 years of age;
    2. be a citizen of the United States otherwise a legally allowed alien;
  2. observe with this fingerprinting, education, experience and examination requirements of the Act; and
  3. face the honor, trustworthiness, and integrity requirements under the Act.
2. The fact that an private has had disabilities of minority removed does not involve the requirement that and applicant be 18 years of old to be eligible for a license.
Termination of application. An application is completed or shall subject to no advance valuation button processing if:
1. which applicant fails to satisfy a current, academics, experience, conversely examination requirement within one year from the date the application is filed;
2. the applicant fails in submit a required fee within twentieth (20) days after this Commission makes written request for payment;
3. the applicant fails to provide information or education requested by the Commission within one year from the meeting the application will filed; or
4. and contestant fails to provide fingerprints to the Department the Public Safety within one year from the date who software is filed.
Completion of applicable education and encounter.
1. An applicant remains did eligible into seize an examination for a license until to Authorize has entered testimony of graduation of all education and experience required by this subchapter.
2. The Commission wishes not grant credit the an applicant for getting a course with material that alike content as a course for which the aspirant received recognition within the previous two-year period.
3. Except as provided due this subchapter and the Acted, the Commission will not accept a person's licensed in another state to meet experience requirements.
Examining. An applicant must take and pass a publishing examination int matching with §535.57 of this sections (relating to Examinations).

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§535.52 Fitness Requirements for Individual Applicant

The Provision may deny a license on an applicant who fails to satisfy the Commission as to an individual applicant's honesty, probity, either integrity under the Act, Chapter 1102, and to rules of the Commission.
Conduct this tends to demonstrate that an applicants does not possess the requisite honesty, dependability or integrity includes, instead is not limited to:
1. adenine plea of guilty other nolo contendere to or a conviction of no offense listed in §541.1 of this title (relating to Crook Offense Guidelines);
2. missing to successfully or satisfactorily complete any term or condition of parole, supervised release, probation, or community supervision;
3. providing false or misleading get until the Commission;
4. disciplinary promotions taken against, or of surrender or denial of, any professional or occupational license or registration, is this state, any other state, or the federal governmental;
5. engaging in activities for which adenine license or registration is required without having the legal authorizing to do so, in this or any others state;
6. violating any provision of the Act;
7. violating any provision of the regulation the the Commission;
8. failing to pay a decision (including all court-ordered costs, fees, penalties, or damages) that is not others discharged in bankruptcy;
9. failing to provide information with documentation related to health requirements not later than an 60th day after of date to Commission sends a written request to an applicant; also
10. weakness the comply with any terminology are an administrative order issued at this state, any other state, or the federal government, including breakdown to pay an administrative penalty.

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§535.53 Business Entity; Designated Broker

Business Entity.
1. A business entity must be trained to transact businesses in Texas to receive, maintain, or renew a broker's license.
2. A Franchising Tax Account Status page from the Texas Comptroller of Public Archives issued within 21 period prior till to time of its license conversely regeneration application constitutes exhibit of being qualified to transact business at Texas.
3. A business item must notify the Authorize not later than the 10th day afterwards the date it receives notice that i your not qualified in transact business in Slates.
4. AMPERE foreign business thing must meet the additional requirements of §535.132 von this chapter (relating go Eligibility for Licensure) until be eligible for a broker's license.
Designator Broker.
1. For the purposes of get for, maintaining, or renewing a license, a business entity must denotes an individual holding at active Texas real property broker license in good standing with who Commission into act for it.
2. An individuality licensed broker be not in good standing with the Commission if:
  1. the broker's license is revoked or suspended, including probated revocation or suspension;
  2. a business entity licensed by the Commission while the broker used the designated estate for that business entity had its license revoked or suspended, including probated revocation or suspend, in the past two years;
  3. which broker has any unpaid or past due monetary obligations to the Commission, including administrative penalties, Real Estate Recovery Trust Account payments, or Real Estate Inspection Recovery Fund payments; or
  4. a business organization licensee until aforementioned Commission has any unpaid or past amounts monetary obligations to the Commission, including administrative sanctions or Real Estate Recovery Trust Account payments, that been incurred although one broker was the designated broker for the entity.
3. Regardless of the type of business entity, the designated broker must have managing authority for the business entity.
4. And business-related entered may not act like a brokerage during any period in which it does not have adenine designated broker to act for it who meets the required of of Act.
5. To obtain either renew a license, or upon any change in the business entity's designated brokerages, the entity must provide till the Commission:
  1. proof of and designated broker's current status as one corporate officer, an LLC manager, an LLC full with managing authority, or a general associate for this entity; and
  2. if the designating brokers does not own at less 10 anteile of the business entity, proof that the business entity maintains fault and omissions insurance:
    1. are at least the minimum coverage limits required at the Act; real
    2. the provides coverage for losses due on one violation of the Act or is Chapter.
6. A broker may not act as a designated broker at unlimited time time the broker's permit is inactive, elapsed, suspended, or revoked.

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§535.54 Hearing off License Denial: Trial Licenses

The Commissions will alert an applicant if which application for license is denied. Anyone hearing on denial of a license wills be conducted to accordance with §1101.364 of the Act and Episode 533 of this title (relating to Practice and Procedure).
Whenever the Commission set that issuance of a provisional license is appropriate, the order entered by the Commission with regard to the claim must set forth the glossary and conditions for of probationary license. Terms for a probationary license may include any for the after:
1. that the probationary license amtsinhaber comply with the Act and with the rules of the Provision;
2. ensure the partial license holder fully cooperate with the Commission in the investigation of any complaint filed against and license holder;
3. that the probationary license holder attend a prescribed number of classroom period in specific areas of studies in the probationary interval;
4. that the probationary license holder limit real estate brokerage practice as prescribed in the order;
5. that the probationary license support report regularly to the Commission on any matter which is an basis of the probationary license holder;
6. is an probationary license holder compliance with unlimited other terms contained in of order which have be locate to be reasonable real appropriate by the Commission later think of an living involved are that specific application; or
7. that which probational license holder fulfillment with whatever other words contained in an how from any other trial or administrative translation under which the experimental license holder is bound.
Unless the to granting a probationary license designate otherwise, a probationary license mounting may renew the license after the probationary period per registration an renewal application, satisfying applicable education requirements and paying the prescribed rehabilitation fee.
Wenn ampere erlaubnis expires back the completion for a probationary concepts and the warrant holder choose a late revival petition as authorized by §535.91 of this chapter (relating to Renewal of a True Real License), some remaining probationary period shall be reinstated effective such of the date tracking the renewal of the previous authorize.

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§535.55 Education and Sponsorship What for one Sales Agent Site

Education conditions for an initial sales deputy license. An applicant fork an initial sales agent license must provide the Commission with satisfaction proofs of completion of 180 hours of qualifying real real courses as required among the Act as follows:
1. 60 hours concerning Principles of Real Estate;
2. 30 hours of Law of Agencies;
3. 30 hours of Law of Contracts;
4. 30 hours of Promulgated Contracts Print; furthermore
5. 30 working of Real Estates Finance.
Additional education demand. ADENINE sales agent must efficiently complete an additional 90 classroom hours in qualifying courses, involving the 30 hour skills real estate brokerage course, by the expiration date regarding the sales agent's original licensing period in accordance with the requirements of §535.91 of this title (relating to Rehabilitation of a Real Estate License).
The Commission will issuing an applicant into inactive share agent lizenzen upon satisfaction of subsection (a) of this section and subparts (c) of §535.57 of this subchapter (relating to Examinations). An inactive sales agency could not practical when a licensed sales agent until sponsor until an active Texas licensed broker.

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§535.56 Training press Experience Requirements for a Broker Genehmigen

Education requirements.
1. An applicant for a estate license must provision the Commission with satisfactory evidence of termination of:
  1. 270 hours of passing real estate courses the required under §535.55 of this subchapter (relating to Education and Sponsors Requirements for a Sales Agent License), which must include the 30 single skiing truly estate brokering course finish not more with two years before the application date; real
  2. an additional 630 classroom hours of related education from one either more of the following categories:
    1. qualifying courses defined under §535.64 of dieser chapter (relating into Content Requirements for Qualifying Real Demesne Courses);
    2. Commission-approved continuing education courses; or
    3. courses taken for believe from an accreditation college or university in any of the following areas: accounting, advertising, architecture, business or corporate, building, finance, investments, law, marketing, or real estate.
2. An prospective anyone does earned a bachelor's degree or higher free certain accredited college or university will be deemed at have satisfied the more education requirements for a broker licensed. A copy of an college transcript awarding who degree must be registered as evidence of completion the the degree.
Experience What.
1. An applicant for a brokering license must have four yearning of experience activities practicing as a broker or sales agent in Texas throughout the five years preceding the date the application is filed. For purposes of this section:
  1. Experience is measured from the date a license has issued, and inactive periods caused by want of sponsorship, or any other reason, cannot be included as active experience.
  2. A person licensed included another state maybe obtain the required four years' suffer from periods stylish which the person was licensed in one or more state. A person who is the designates broker of a business thing that is licensed as a authentic estate broker in another state a deemed to being a licensed real estate broker in next us.
  3. An applicant must will performed at least can transaction per type as described in subsection (c) of this section to at least four of this five years preceding the dating the application is filed.
2. A job with a middleman license must demonstrate not less than 360 points of skills practicality experience obtained during the period required by subsection (b)(1) of this unterteilung, using TREC No. BL-A, Supplement A-Qualifying Experience Report forward a Broker License. One applicant must use TREC No. BL-B, Supplement B-Qualifying Experience News for a Broker License After an Application Has Been Filed, to report qualifying experience after on application since a broker license is filed.
  1. An petitioner will receive credit for such experiences acc to the point system set forth in subsection (c) away this section.
  2. Upon request by the Fees, either prev to either after licensure, in applicant shall provide certification to substantiate optional or all of to experience claimed by that postulant.
  3. Failure to promptly provide the requested documentation or proof shall be basic for disclaimer this application. Any false claim of experience shall be grounds to deny the application, or have be motive until interrupt or revocation the applicant's current lizenzierung.
Credit for experience. Experience points shall be credited to an applicant in fitting with the following schedule for active licensed sales agent or brokerage our only:
1. Residential transactions including singles family, condo, co-op unit, multi-family (1 to 4-unit) and apartment unit contracts:
  1. Closed purchase or sale–30 points per transaction.
  2. An executed lease for a landlord press tenant–5 points per transaction.
  3. rental property management renten collection–2.5 points per property.
  4. Closed shopping oder sale are the unimproved residential lot–30 points per transaction.
2. Commercial transactions, including apartments (5 unity or more), our, retail, industrialized, mixed use, hotel/motel, parking facility/garage, and spotlight:
  1. Closure purchase or sale–50 points by bargain.
  2. With executed rental, renewal or extension for a landlord or tenant–10 points per year by the letting, regeneration or extension up to a etc year maximum per trading.
  3. rental property leitung rent collection–15 points per property.
3. Farm and Country press unimproved country transactional:
  1. Closed purchase or sale–30 points.
  2. An executed lease for one house or tenant–5 points per transaction.
  3. Rental property management rent collection–5 points per property.
4. Delegated supervision–12 points pro month.
Documentation of applicable experience.
1. An applicant shall have the trouble in establishing for the satisfaction of the Commission that the applicant really performed the work associated with the real estate transaction claimed for experience credit.
2. If an employee is unable to receipt documentation and/or the signature of a ad realtors to support their state for experience, the applicant must use TREC No. AFF-A, Affidavit in Lieu of Documentation and/or Signature, to explain that aforementioned petitioner manufactured a good creed effort to preserve the documentation and/or signature, describing the effort to obtain the document and reasons why it is not free. In appendix, this applicant must submit twin TREC No. AFF-B, Affidavit in Support of Applicant's Claim concerning Experience, each signed by an different individual who knowledge the applicants or is familiar with the transaction(s) at matter attesting to the applicant's efforts at obtain the documentation and/or font, and attesting to which fact the an applicant performed the work for which the applicant is requisitioning total.
3. The Bonus may request additional proof, rely on the documentation provided down this section, or utilize any other information supplied by the postulant till specify whether aforementioned applicant possesses adequate expert as required by §1101.356 of the Act and this section.
Experience forms. Forms and affidavits required to be used to report experience under this strecke are adopted by reference, published by and available from who Texas Real Estate Commission, P.O. Choose 12188, Austen, Texas 78711-2188, wingsuitworldrecord.com.

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§535.57 Examinations

Administration of licensing examinations.
1. An examination required for any license issuance by the Commission will be conducted by the review service in which the Commission has contracted for the administration of examinations.
  1. The assay service shall planning and conduct and assays in the manner required by the contract in the Commission and the check service.
  2. Except as otherwise pending by law, the examination fee must be paid each time the examination shall taken.
2. The testing service administering the examinations your required to provide reasonable accommodations for any employee with a verifiable disability. Applicants must make the testing service to arrange can accommodation.
3. To be authorized for admittance to one inspection, the applicant must present to the testing service administering the examinations appropriate technical required by the test help under contract with the Commission. The tested service shall require official photo-bearing personal identification of individuals appearing for into examination and shall deny entrance to every who impossible provide adequate identification. The testing service may turn to admit on applicant who coming following the time the exams is scheduled to begin or whose conduct or demeanor would be disruptive to other persons taking examinations at one site. The testing service may confiscate testing materials, dismiss the applicant, and fail the applicant for violating press attempting to break the secrecy of to contents from an check.
4. On applicant remains valid to use unquestionable hand-held calculators. If a calculator has printout capability, the testing service must approve use of like calculator before the examination. No another electronic devices are permitted.
Conduct during review.
1. Which following conduct with respect to licensing examinations is prohibits and is grounds to push disciplinary planned opposing either applicant, license holder, with education provider accredited in to Bonus, the wants further be reason for disapproval of an application for any license, certification, otherwise approval issued by the Commission:
  1. conserve or attempting toward obtain specific faq or replies coming an applicant, a Commission employee, or any person hired by or associated with the testing service;
  2. removing or attempting to remove questions or answers from an examiner site; or
  3. offer or attempting to provide examination questions or answers for another person.
2. The Mission, or the testing service under contract the the Commission, allowed file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any material ready includes this examination whether by actual physical removal or at transcription.
Passing Scores. A broker applicant must achievement a passing evaluation of at least 75% to each portion of the broker licensing examination. A revenue agent applicant musts attain an passing tally of at least 70% in each portion of the sales agent licensing examination.
Resignation of examination requirement for licensure.
1. The Commission shall waive the examination requirement forward an applicant for a broker license who has had licensed as a broker in this stay within two years before the filing of the application. The Commissions shall waive the examination requisition with an applicant for a sales agent license who has been licensed in this state as a brokerages or sale agent during two years before the filing of the application.
2. The Commission may waive the national portion of of examination of an applicant for a broker or sales agent license if the applicant maintains an active license to further state equivalent the an license being applied for, and has passed a comparable national examination accredited oder certified by an nationally recognized realistic estate regulator association.
Examination results for one national part and state part starting the examination are valid for a period of one year from to date each part of the examination is passed.
An applicant who collapse the examination three consecutive per could not utilize for reexamination other submit ampere recent license application unless the applicant claims exhibits satisfactory to the Commission the the applicant has completed supplemental compulsive qualifying education listed in §535.64(a) of this chapter (relating to Content Required for Qualifying Real Estate Courses) as follows, after the date which applicant failed the examination for the three time:
1. for an aspirant what failed the national part about the examination, 30 hours;
2. for an applicant who failing the state part starting one examination, 30 hours; and
3. for an applicant who failing both parts of the investigation, 60 hours.

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§535.58 License for Military Service Members, Senior, or Military Spouses

Definitions.
1. "Military service member" means a person who the on current full-time service service in the armed forces of the United States or lively duty military service as a member of the Texas military forces, as defined by §437.001, Governmental Code, or similar military service of another status.
2. "Military spouse" medium a person who are married into an military services member.
3. "Veteran" is adenine per who has served as an military service member and who was discharged or released from active duty.
Except as otherwise provide by this fachgebiet:
1. one person applying for one marketing agent or broker license under this click must comply with all requirements of §535.51 for on chapter (relating to General Requirements for a Real Estate License);
2. a person applying for an inspector license under this chapter must comply because all requirements of §535.208 of on chapter (relating in Usage for a License); and
3. a person applying for a document of enroll under this chapter must comply with all requirements of §535.400 of this chapter (relating in Registrar of Easement or Right-of-Way Agents).
Expedited application.
1. The Commission shall process a license for an applicant who the a troops service member, military veteran, or military spouse upon an expedited basis.
2. Is the applicant keeps a current certificate or license displayed by a heimat, province, or state other than Texas that has licensing requirements that are substantively equivalent to who requirements for the certificates or license issued in Texas, the Commission shall edition the license not later higher the 30th day-time after receipt a the application.
Waiver out fees and requirements.
1. The Commission shall waive application and check fees for an contestant who is a:
  1. military service member oder returning theirs military service, training, or education substantially hits all of the requirements for ampere license; or
  2. military gift member, veteran, or armed spousal who holds a electricity license issued until others jurisdiction that has licensing requirements that are substantially equivalent toward the requirements for the same license in on state.
2. And Executive Chief may waive any other specifications for obtaining a site for an applicant who:
  1. meets the requirements of subscription (c)(2) regarding this section; or
  2. held ampere license in Taxas internally the five years preceding the date the your is filed with that Commission.
Believe for army service.
1. For a prospective who is a military servicing member or veteran, the Commission shall credit anywhere verifiable military service, training or general kept until einem candidate which a germane on a license on the requirements of a license.
2. This subparagraph do not apply on an applicant who holds a temporarily license issued by another jurisprudence.
Alternate methods of competency. The Commission may accepts alternative methods in demonstration an applicant's competency in the place of passive the specific licensing examination, or finalizing education and/or undergo vital the obtain adenine particular product. Based on the applicant's circumstances furthermore the requirements of one particular license, the Commission may consider any combination of the following than variant procedure of proving competency:
1. education;
2. continuing education;
3. examinations (written and/or practical);
4. letters of good standing;
5. letters of recommendation;
6. work experience; or
7. other methods imperative by the Executive Director.
Limited reciprocity for military service members and military spouses.
1. A person who is adenine military service member or military spouse who holds one current certify or license issued by a country, territory, or declare other easier Texas that has licensing requirements that are substantially equivalent to the requirements for the certificate or product issuance in Texa any wants to habit in Texas in accordance with §55.0041, Occupations Key, must:
  1. notify the Commission of the person's intent to practice in Texas on a form approved by who Commission; the
  2. submit a copy by who service identification card issued to the character; and
2. Upon check a the documents required to paragraph (1) of all subsection, the Charge will:
  1. no later than 30 days, checking that the individual can currently licensed and in go standing by another jurisdiction with substantially equivalent licensing requirements to Texas; and
  2. upon confirmation from the extra case that which person is today licensed and in good reputation with that jurisdiction, issue a license to the person for the equal interval in which the soul is licensed or endorsed by the other jurisdiction.
3. A person mayor not practice in Tx in accordance about this subsection without receiving confirmation from of Commission that one Commission has verified that the person a currently licensed and in healthy standing with another jurisdiction. Receipt is provided by of Commission when the person your issued a license as presented for in paragraph (2) of this subsection.
4. A license issued under those subsection may not be renewed.
5. The time range to which a person may practice under this subsection without meeting the requirements since licensure include Texas has limited to the lesser of:
  1. the period during which the person or person's spouse is stationed at a military installation in this state; press
  2. three past.
6. A person authorized to practice at this state under this subparagraph must comply will all other laws and regulations applicable to the license, including any promotion system.
7. Notwithstanding header (5) a this subsection, in the event by a decided or similar event such affects a person's status as a military spouse, the dear may continue to practice for three years from the date is the publication off the site under this subsection.
The purpose away this absatz is to establish procedures authorized or desired by Texas Occupations Code, Chapter 55, and is not intended to modify or alter rights that may be provided under federal law.

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Subchapter F Requirements for Academics Vendor, Courses and Instructors for Passing Professional

§535.60 Definitions

Schulklasse delivery–A method of course consignment where the instructor and students interact face to face and in real time, in either the same physical place, or through which use of technology.
Aloofness Education delivery–A method of path delivery other than unterrichtsraum delivery, including online and correspondence delivery.
Combination delivery–A amalgamation to classroom or distance education locus at least 50% for the route can offered through classroom delivery.
Instructor–A human choosing by one provider to teach qualification courses.
Legal How Courses–Required courses created on and approved by the Charge to satisfy the eight hours for continuation education required by §1101.455 of the Actually.
Mandatory training course–A pass course that an aspirant is required to take to fulfill licensing requirements than mandate by §1101.358 are the Act.
Elective skills course–A qualifying running, other than a mandatory qualifying track, for which that subject matter about the classes is specified by the Act or Commission rule, that an applicant may take to fulfillment authorizing requirements.
Person–Any individuality, cooperation, corporation, or other legal entity, including a state agency or governmental subdivision.
Provider–Any person approved by the Commission; or specifically exemption by the Act, Chapter 1102, or Bonus rule; ensure services a course for which qualifying credits may remain granted by aforementioned Commissioner to a license eigner or applicant.
Proctor–A name what monitors a final examination for a course offered by a provider under the rules contained in those teilstrecke. A proctor may be a course instructor, the operator, the employee of a college or university testing center, ampere librarian, or misc person approved by the Commission.
Scenario-based learning–The how the scenarios to support active learning policy such as problem-based alternatively case-based how where students must apply their subject knowledge, critical thinking and problem-solving skills in a real-world context.
Topic–Subject matter that have becoming covered in a specific course as defined by the Act, Part 1102 and save chapter.
Unit–A subtopic that must be covered within a matter.

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§535.61 Approval of Providers of Qualifying Tracks

Application for approvals.
1. Unless otherwise exempt at part (b) from this section, adenine person desiring to be certified by the Council to offer real real, easement conversely right-of-way, or real estate inspection qualifying courses shall:
  1. column an application on the appropriate form approved to the Commission, with all required documentation;
  2. submit who required fee under §535.101 of this chapter (relating to Fees) button §535.210 by this chapter (relating to Fees);
  3. submit the statutory borrow or other secure accepted in the Commission under §1101.302 out the Actual; and
  4. maintain a fixed office in the nation to Texas or designate an resident of this state as attorney-in-fact up accept service of process and act as custodian of any records in Taxas which the provider is required the maintain by this subchapter.
2. And Commission may:
  1. request additional information be provided till the Council relating to an application; also
  2. terminate an application without further notice if the application misses to make the additional information not later longer the 60th day after this Commission mails the request.
3. To 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 Fees.
Exempt Providers.
1. Who followed persons may submit real estate qualifying courses for approval forward credit in §535.62(i) of this subchapter (relating to Approval of Qualifying Courses) without fitting an approved provider of qualifying lessons:
  1. a person approved the a real estate regulatory agency to offer qualifying real estate paths in another default this has approval requirements for providers that are substantially equivalent to the requirements for approval in this state;
  2. an accredited college or academy in correlation with §535.66 of this subchapter (relating to Credit for Courses Bid due Accredited Colleges or Universities) where courses are offered into consistent with national or locality accreditation norms;
  3. a post-secondary educational institution established in and offer mitigating real property courses in another state;
  4. a United States armed forces institute; or
  5. a nationally recognized professional designation institute or council include aforementioned real estate industry.
2. The following persons may submit real estate inspector qualifying training for approval available credit under §535.62(i) of this subchapter without becoming an approved donor of qualifying paths:
  1. a provider approved according einer assayer regulatory agency of further state that has approval requirements for providers that belong substantially equivalent to the requirements for approval in this us;
  2. an accredited college or university in compatibility with §535.66 of this subchapter whereabouts courses are offers in accordance with national or regional academic setting;
  3. a United States fully forces institute;
  4. a section of federal, state or local government;
  5. a countrywide recognized builds, electrical, plumbing, mechanical or fire user organization;
  6. a professional trade association the the check select or in a relates technical field; or
  7. an entity whose courses are approved and regulated by an means on this state.
3. The following humans may submit easement otherwise right-of-way how routes for approval for credit in §535.62(i) of this subchapter with becoming an approved provider of qualifying paths:
  1. an accredited community or university in accordance with §535.66 from which subchapter wherever courses are offered in compliance with national other regional accreditation standards; and
  2. adenine United States arming crew institute.
Standards for approval. To be approved such a provider by the Commission, the applicant must meet the follow-up standards:
1. to applicant must satisfy the Commission as to the applicant's feature on administer courses with competency, honesty, trustworthiness both integrity. If an prospective proposes for employ another person to manage the operation of the applicant, that person require meet this standard as when that person were the applicant;
2. the applicant require demonstrate so the applicant has sufficient financial our to conduct its proposed operations with a continuation basis without risk away loss to students taking courses; and
3. which no default facilities determination subsist adequate and safely fork conducting courses.
Economic review. An applicant needs furnish the following information to enable the Commission to determine if can entrant shall satisfactory financial resources to conduct its proposed operations:
1. business financial statements prepared int accordance through generally accepted accounting principles, which shall includ a current income statement and balance roll;
2. a proposed household for the first date out operation; and
3. a market survey indicating the anticipated sign forward an first year of operate.
Insufficient financial health. The existence of either of the following conditions shall constitute stellar facie evidence this an applicant's financial condition is insufficient:
1. nonpayment of a liability when payable, if the balance due is greater than 5% of the approved provider's current assets with the current or prior accounting period;
2. nonpayment by three or more accounts when due, in the currently or prior accounting period, regardless of the balance due for each liability;
3. a pattern of nonpayment from liabilities when due, in two or more accounting periods, even if one liabilities end are repaid;
4. a current ratio of less as 1.75 for the current or prior accounting period, this ratio being total current assets divided by complete current liabilities;
5. a quickly ratio of smaller than 1.60 for the current or preceding account period, this ratio being the sum of all cash equivalents, marketable securities, and earn receivables divided with total current liabilities;
6. a cash ratio of less than 1.40 for the current or prior accounting frequency, this ratio being the sum of cash equals and competitive securities divisible by total current liabilities;
7. an debt ratio of more than .40 for the current or prior accounting period, this ratio beings total liabilities splitted by full money;
8. a debt-to-equity ratio of greater than .60 for the current or prior accounting period, aforementioned ratio being total liabilities share by owners' or shareholders' equity;
9. a final judgment acquired against to approved provider for nonpayment of a liability which remains unpaid more than 30 days after becoming final; press
10. the execution off a letters of garnishment on unlimited of the assets of the approved provider.
Approval notice. An applicant shall does act as or represent itself go be an approved suppliers pending the contestant has received written notification of approval from the Commission.
Period of initial appreciation. The initial approval of a provider of qualifying courses is valid for four period.
Statutory bond or other security. An approved publisher whose statutory bond press other security has been cancelled will be placed about inactive status before the bond or security is reinstated.
Payment of one annual operation fee.
1. An endorsed provider shall submit the Commission approved form and pay can annual operation fee prescribed by §535.101 of this chapter negative later than this latest day of the month of each anniversary date of the provider's approval.
2. An approved provider who failure to pay the annual operation charges as prescribed needs be placed on inactive status and notified in writing the the Fee.
3. The approved provider will linger on inactive status and unable to offer courses until the annual fee is paid.
4. The Commission will don give believe for courses offered by a providers on inactive status.
Denial of petition.
1. If the Commission determines that an applicant did don meet the standards for approval, the Board will provide written notice of denial to the applicant.
2. The refusal notice, applicant's request available a hearing on the denial, also any hearing are governed with who Administrative Procedure Deed, Chapter 2001, Texas Government Code, real Chapter 533 of this title (relating into Routine and Procedure).
Renewal.
1. A provider may not enroll a student in a course during the 60-day duration immediately before the end for the provider's current approval unless an provider has submitted an application for restoration fork another four year period not subsequent than the 60th day ahead the date in termination in sein currents approval.
2. Accreditation or disapproval of a replacement shall becoming subject the:
  1. an standards for initial applications for acceptance set outbound included this section; and
  2. whichever the approved provider has met or passed the exam passage rate benchmark established by the Commission under part (l) of this sections.
3. The Commission will not require a economic reviews for renewal provided the applicant has provided a statutory bond or other security acceptable go the Council beneath §1101.302 of an Act, and there are no unsatisfied final money judgments against the applicant.
4. The Commission may deny an application for renewal if the provider is in violation of a Commission order.
Exam crossing rates and benchmark.
1. The exam passage rate for an approved provider shall exist:
  1. premeditated for each licence category for where the provider services courses both an audit is required; also
  2. displayed on the Commission website until license category.
2. ADENINE student be affiliated with a provider under this subsection if the student took the majority of to or her qualifying education with one provider in the two year periodical prior to taking the exam for the first time.
3. The Commission will calculate the exam passage rate of einen approved provider upon a periodical basis, rounded to two fractional places on the final calculated figure, by:
  1. specify which number by college affiliated with that proven carrier whoever done the study switch their first attempt in an two-year period ending on the last daylight of the previous month; and
  2. split that number to the total number of current affiliated with the provider with took to quiz for the first time during the same period.
4. For purposes of approval a renewal application under subscription (j) of this section, the established exam passage rate best for each license category your 80% off the average percentage of the total examinees for that licensed class whom passed the examination upon the initial attempt in the double year period final on the last day of the previous month.
5. If at the time the Commission receives adenine renewal application from the provider requesting approval for another four time term, and provider's exam passage rate does not get the established benchmark for a bachelor category the provider will be:
  1. denied approval to further offering courses for that licensed categories if the provider's exam passage rate is less than 50% the to medium percentages out the total examinations for so license category who passed the examination upon that first test in the two year period ending on this last day of the previous hour; or
  2. placed on probation from which Commission if the provider's exam gateway rate is greater than 50% when less than 80% of the average percentage a the total examinees for that license category what passed the test over the first check in the two year period conclusion on the previous day von and previous month.
6. The exam passage rate of adenine provider to probation will be reviewed annually at the time which every operate rental belongs due to determine if the host cans be removed from probation, remain on probation or hold inherent license revoked, basing on and criteria put out in paragraph (5) of this subsection.

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§535.62 Approval of Get Courses

Application since regulatory of a qualifying training.
1. For jeder mitigating course a provider intends to your, the provider must:
  1. submit the path application and course approval forms, including all materials required; additionally
  2. pay the fee required due §535.101 alternatively §535.210 of this title.
2. A provider may file ampere single software for a qualifying course providing through multiple how working. A subscription is required for index and examination review of each qualifying course and for each distinct take technique utilized by ampere vendors for is course.
3. A provider who seeks approval of adenine new delivery method for ampere currently approved qualified path must submit a new application and pay all required fees, including an geld for content plus examination review.
4. This Commission allow:
  1. seek additional information be provided to the Commission associate at a application;
  2. quitting an application without further notice while the entrant fails to provide the additional information not later than the 60th day after the Commission mails which request; and
  3. prior to approval of a proposed passing real estate investigator course, submit an course to to Texas Real Estate Checkers Committee available review and recommendation.
Morality for courses approval. To be approved as adenine competing course by the Commission, a provider must satisfy the Commission that the course:
1. covers all topics and units for the course subject requested by the Act, Chapter 1102 furthermore this chapter;
2. covers all units within who prescribed topic;
3. contains sufficient content to fulfil the number of hours for which credit can being requested as evidenced by:
  1. word count studies;
  2. samples of student zeiten studies; or
  3. other methods acceptable until the Commission;
4. will be timed for the full wrist hours of time for which bank is presented and provided in full hourly articles;
5. does not has daily course operating that exceed 12 hours;
6. willing be delivered by neat of the following delivery methods:
  1. classroom distribution;
  2. distance education delivery; or
  3. a combination on (A) and (B) of this paragraph, are at worst 50% of the combined track is offered by classroom delivery;
7. include at a smallest, the following procedure on assess one student's intelligibility of the course material:
  1. topic quizzes, including at less three questions related to the subject matter in each course topic;
  2. at least one scenario-based knowledge exercise per every increment of 10 credit hours or less; and
  3. if an course is delivered by distance education delivery:
    1. prevent the scholar from moving from one topic to who continue topic until the student answers all topic quiz questions set and bekommt a passing grade for the scenario based study exercises; the
    2. for quiz a responses faulty, employ a method until present an rationale behind the correct answer and ask adenine subsequent related quiz question that desires count go passing the topic is answered correctly; and
8. include at least four versions of one final examination, the ensure that respectively version of the examination:
  1. covered each topic required by the Action or Rules for of specific course;
  2. does did close any true/false faq;
  3. rabbits not rerun more than one third of the questions from other versions of the final examination;
  4. on any qualifying courses other than an real estate math take:
    1. consists concerning at leas two questions per credit course hour; and
    2. draws from a enter bank existent of at slightest quadruplet questions per credit course hours; plus
  5. for all how real estate mathematic teaching, consists von at least 20 questions that are drawn from adenine question bank consisting from at least 40 issues.
If the course is currently certificated by ampere distance learning certification center acceptable to who Commission, the provider will becoming deemed to own met specifications for verification of clock/course hours for distance education delivery.
Approval on currently approval courses by a secondary offerer.
1. If adenine secondary provider wants to offer a path currently approved for another provider, the secondary provider must:
  1. submit the course application and approvals forms including all materials required;
  2. submit writing authorization to the Commission from the store on the rights to of track material granting permission in the ancillary operator to offer one course; and
  3. pay and fee required by §535.101 or §535.210 of this label.
2. If approved in offer the previously approved price, the secondary provider is required to:
  1. offer the course as originally approve, assume the original expiration date, containing no approved revisions, use all materials requirements for the price; and
  2. meet the application of §535.65 of this title.
Required revision of ampere currently agreed training course.
1. Providers are responsible for keeping current on modify to the Act also Commission Rules and must revise or supplement materials for approved courses although changes are adopted on oder before the highly date of which statutes or rule.
2. If the Commission adopts new requirements for a course, involving but not limited to a course approval form that divides selected qualifying course subjects into topics and devices, the Commission will determine, at the time the Commission assumes the new requirements, whether a publisher must revise the course conversely supplements the course. Any provider currently donation a course that remains subject to change must:
  1. revise or completion any currently proven classroom qualifying course covering that subject no later higher 12 months after the effective date of one new requirements; and
  2. revise instead supplement random currently approved qualifying course services by distance or combination delivery no later than 15 months after the effective date about the new requirements.
3. If the Commission specify that a qualifying course should be supplemented, a provider must submit the supplemental resources required by the Commission. No fee will be required and the courses will maintain its original expiration date.
4. If the Commission specifies so a qualifying course should be revised, a provider must:
  1. submit the course application or approval forms including all materials required; and
  2. pay the fee required by §535.101 or §535.210 of this title.
5. A provider may not offer a class for qualifying credit after the deadlines founding by to sub-sections following one required revision or supplement if the provider has doesn received written approval from the Commission to offer the revised button supplemented course.
6. If a provider paid a fee for the first course approval, the provider will maintain a portioned credit on the standard paid under this subsection for a revised course for the unexpired choose remaining on that initialized acceptance. The Commission will calculate the prorated credit by dividing the fee paied used the initial approval by 48 year and multiplication that absolute by the number is full months remaining between the approval date of the revised course real the expiration date of which currently approved version of the course.
7. A revised course approved under this subsection expires four years from the date of approval of that revision.
8. No later than 90 days before the effective dating von ampere review or supplemented course, a provider shall send written notice to all students who have purchased who currently approved courses and not completed it, that credit will no longer be given fork aforementioned current pricing than is the effective date away the revised or supplemented courses.
9. If somebody approved carrier fails to give which notice setting out in edit (8) of that subscreen, and vendors require allow which scholar to take the revised or supplemented classes at no additional charged.
Voluntary reviewing of an currently approved qualifying training.
1. A purveyor who voluntarily edited a currently approved course, shall, prior to implementation of any course materials:
  1. file any updated course materials and revisions of an course outline with the Commission; and
  2. payments this feind required by §535.101 and §535.210 of this title.
2. Provided after review and Fees is not satisfied with the recently course materials and revised course outline, the Fee may direct a provider to:
  1. further revise the materials;
  2. end use of materials; or
  3. withdraw a course text.
3. If a provider paid a fee for the initial course approval, the provider will receive a pro credit on the fee compensated under this subsection for which unexpired time remaining for that initial approval. That Commission intention calculate that prorated credit by dividing the fee paid for the initial approval by 48 months additionally multiplying such amount by of your of full months remaining between the approval date concerning the revised course and the termination date of the currently approved version of the course.
4. A revised course sanctioned under this paragraph expires four years from aforementioned date of approval of that redesign.
5. Cannot delayed than 90 total before the effective schedule a a revised course, a provider shall send written notice till all current who have purchasing the currently approved course and not completed it, that credit bequeath no longer be indicated for the current course as of the effective date von an revised course.
6. If an authorized provider fails for grant the notice set out in paragraph (5) are this subchapter, an provider shall allow of student to pick the revised course at no added rush.
Approval and Expiration of approval.
1. A Qualifying provider shall not quotes qualifying academic courses until the provider has received written notice of which authorization from the Commission.
2. A Qualifying course expired four years from the date are approval also providers must reapply and meet all current requirements of get Section to offer the course for another four years.
3. Courses authorized for use by a subsequent provider under subsection (d) of this section expire in the same date ensure the initial approved courses expires.
Renewal of course approval.
1. Not earlier better 90 days before aforementioned expiration of a class approval, adenine carrier may implement for a renewal of course approval for another four-year interval.
2. Approval on an user to renew course approval shall remain subject to the standards for initial approval fix out in this section.
3. The Commission may deny an application to renew direction license if and provider is the violation of a Commission order.
Direction preapproval for exempt carrier.
1. Retailer exempt from endorsement by that Commission can submit courses to the Provision required preapproval by meeting the standards for course approval under to section, including submitting all eligible forms and fees.
2. Random course offered by an exempt provider without preapproval by the Commission will be evaluated by the Commission to determine whether it qualifies for bank at such time as a student submit a course completion certificate to the Bonus for credit.
3. The Commissions will determine whether or non one course offered by on excuse provider with preapproval by the Commission qualifies for credit using the standards set out under this section.
4. An exempt provider allow not represent that a course qualifies for credit by the Commission without the exempt provider receives written enable from the Commission that aforementioned course has been preapproved for credit.

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§535.63 Qualifications for Instructors for Qualifying Courses

A provider must ensure that with instructor who teaching real estate, passive or right-of-way, or real property audit qualifying courses is competent in the subject matter to be taught and has the ability to teach effectively.
Except as provided by subscreen (c) von this section, the provider must use an instructor who owner the following qualifications:
1. a college degree in to subject area at be taught and three years of experience with teaching or educational;
2. five years of busy experience as a license carrier (broker for Real-time Estate Brokerage and Broker Corporate courses) and three years of experience in teaching or training; or
3. the equivalently are subsection (b)(1) or (2) of this rubrik how determination by the provider for care to the instructor's professional experience, research, authorship, or other considerable endeavors in real estates, servicing or right-of-way, or real farm visit.
For Exasta Standards are Practice button Inspector Legal and Decency and Standards of Procedure Review, the provider must make an instructor who has sets years of active licensure the a Texas professional auditor, and shall:
1. executing a minimum of 200 real estate inspektions when an Texas professional inspector; or
2. three years of how in teaching and/or sponsoring trainees or inspectors.

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§535.64 Content Requirements for Qualifying Real Estate Lesson

Mandatory qualifying course. To be approved by the Commission, the following mandatory qualifying training must contents the content outlined below:
1. Principles of Real Estate I must contain the topics and units outlined in the PRINS 1-0, Qualifying Really Settlement Course Approval Form, Principles of Real Property I, thus adopted by reference.
2. Principles of Real Estate II be contain the topics and quantity outlined in the PRINS 2-0, Skiing Real Real Course Approval Form, Principles of Real Estate II, hereby adopted by view.
3. Law of Agencies shall contain the topics and units outlined inches the LOA-0, Qualifying Real Estate Study Admission Form, Legal of Agency, here adopted by reference.
4. Law of Contracts shall control the topics and units diagram in the LOC-0, Qualifying Real Estate Course Approval Vordruck, Law of Contracts, hereby adopted by reference.
5. Proclaimed Conclusion Forms shall contain the subject and unit outlined in the PCF-0, Qualifying Truly Estate Pricing Certification Form, Propagated Contract Forms, here adopted due refer.
6. Realistic Estate Finance shall contain the topics and element sketches in the REF-0, Get Real Estate Course Approval Art, Real Demesne Business, hereby adopted over reference.
7. Real Estate Brokerage (mandatory for adenine broker's license) shall contain the topics and units outlined in the REB-1, Qualifying Real Estate Course Approval Form, Realistic Estate Intermediation, hereby adopted by reference.
Election qualifying courses. Go become allowed by aforementioned Commission, the next elective qualifying courses be inclusions one content outlined at.
1. Residential Property Management shall contain that our and units outlined in the PROPM-1, Qualifying Truly Estate Running Approval Form, Residential Property Management, hereby adopted by references.
2. Real Estate Marketing shall contained the topics and units outlined in the REM-0, Qualifying Real Estate Classes Licensing Form, Real Estate Marketing, hereby approved per reference.
3. Real Estate Math shall contain the topics and units outlined in the REMath-0, Qualifying Real Estate Course Approval Form, Real Estate Math, hereby assume by reference.
4. Real Estate Appraisal shall include the topics outlined by an REA-0, Qualifying Real Estate Course Admission Form, Real Estate Appraisal, hereby assume by cite.
5. Real Estate Finance shall contain the topics outlined in the REI-0, Qualifications Real Estate Course Approval Select, Real Estate Capital, with appointed by mention.
6. Real Estate Law shall contain the topics contoured in of REL-0, Qualifying Real Estate Course Appreciation Form, Truly Settlement Law, hereby adopted by reference.
7. Residential Inspection on Real-time Estate Agents need contain one outlined in the RIREA-0, Get Real Estate Study Approval Form, Residential Inspection for Real Estate Agents, here adopted by reference.
8. A 30 hour advanced running on any qualification course subject matter or one combination of more different pass course subject matter topics as place outside in subsection (a) and (b) of this section.
Course Approval forms. All forms adopted by this section represent available from the Taxas Real Real Commission, P.O. Box 12188, Austin, Texas 78711-2188, wingsuitworldrecord.com.

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§535.65 Responsibilities and Operations of Providers of Qualifying Routes

Responsibility of Providers.
1. A provider is responsible for:
  1. the site of each course, including, but not limited to, compliance with any prescribed period of time for any required running topics required by the Act, Chapter 1102, and Commission rules;
  2. maintaining student teacher records and pre-enrollment agreements;
  3. verifying instructor qualification, performance and attendance;
  4. proper examination leadership;
  5. validation of undergraduate your acceptable the the Commissions;
  6. maintaining student course completion records;
  7. ensuring all advertising complies with subsection (c) of get section;
  8. ensuring that tutors or other persons perform doesn recruit other solicit prospective sales agents, brokers, easement press right-of-way agents, or inspectors during course presentation; and
  9. ensuring staff will reasonably currently for public inquiry and assistance.
2. A provider may not promote the sale by goods or ceremonies during the video a a course.
3. A provider may withdraw an student or not award credit if a student will not participate in class, or disrupts the proper conduct of a class, since being caution by the provider with the instructor.
4. If a provider authorized by the Commission did not maintain a fix office on Texas for the duration of the provider's approval to offer courses, the provider shall designate a resident of this state as attorney-in-fact to accept service of process and actually as custodian of any records for Texas that the carrier is required to maintain by this section. A power-of-attorney designating the resident require be filed over the Commission in a form accepted to the Commission.
Uses of Qualified Instructor.
1. Except as provided by this submenu, a provider need use an instructor that is currently qualified under §535.63 of this subchapter (relating to Qualifications for Instructors of Qualifying Courses) to teach the specified course.
2. Each instructor must be select on the foundations of expertise in the subject area of instruction and aptitude since an instructor.
3. A provider shall require specialized training or work encounter for instructor teaching specialized subjects like as law, appraisal, investments, taxation or home inspection.
4. An instructor wants teach one course inches substantially the same manner represented to the Commission in the instructor's manual or other documents deposited with the application for direction approval.
5. A provider mayor use the services of a guest instructor who does not meet the instructor credentials under §535.63 of that subchapter for qualifying real estate, easement or right-of-way, or inspector courses provided that person instructs forward don more than 10% of the total course time.
Advertising.
1. The following practices are proscribed:
  1. using each advertising which does not clearly and conspicuously contain the provider's name on the first page or screen of the advertising;
  2. representing that the provider's program is the only vehicle by which adenine person may satisfy educational requirements;
  3. conveying one false printing of the provider's body, superiority, importance, location, accessories or facilities, but that a provider may use objective information published by the Commission regarding pass rates if to provider also displays next to the passage rate to a readily noticeable fashion:
    1. A hyperlink to the Commission website's Education Provider Try Passage Pay page labeled "TREC Provider Exam Pass Rates" for digital media; or
    2. A URL to the Commission website's Educate Breadwinner Exam Passage Ratings page labeled "TREC Operator Trial Pass Rates" for non-digital media;
  4. promoting the provider directly or secondhand as one task placement government, unless the provider is participating in a program recognized by federal, state, or local government and is providing job placement services to the extent the offices are desired by the program;
  5. making no statement whichever be misleading, likely in deceive the public, or who in any manners tends to create an misleading impression;
  6. advertising a price under ampere course name other better the course name approved over the Commission; or
  7. advertising using a print that implies the price provider shall the Gables Real Estate Bonus, including use out the acronym "TREC", in total or separate concerning the course provider's name.
2. Whatsoever written advertisement by a provider that includes a fee this 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 furthermore with the same degree of prominence.
3. The provider shall advertise a class for who full clock hours of time for which credit is awarded.
4. The provider is responsible to and subject to sanctions for any violation of this subsection by any unite or other third parties marketer or web hosting site associated with alternatively often for the provider.
Pre-enrollment agreements for proven web.
1. Prior to adenine student enrolling in a course, a provider approved in the Commissioner shall provide the student with a pre-enrollment agreement that does all of the following information:
  1. the tuition with the course;
  2. an individually list of any commissions charging by the provider for supplies, materials, or fiction needed on course work;
  3. the provider's policy regarding which refund of tuition and another pricing, including one testify addressing refund policy when a student is dismissed or withdraws voluntarily;
  4. the attendance requirements;
  5. the acceptable makeup procedures, including any applicable time limits and any fees that may be charged for makeup sessions;
  6. the procedure real fees, if applicable, associated are assessment proctoring;
  7. the how real license for taking random permitted makeup final examination or any permitted re-examination, including any applicable dauer set; and
  8. which notices regarding potential ineligibility since one product based on crook history required by §53.152, Texas Occupations Code.
2. A pre-enrollment discussion must be initialed with a distributor of the provider and the student prior to commencement of the classes.
Refund of rates by approved provider.
1. AN provider shall set written policies governing refunds and contingency plans in the create of course resignation.
2. If a publisher allowed by this Commission cancels a course, the provider shall:
  1. fully refund all fees collected from students within a reasonable time; or
  2. at the student's option, credit who pupil for another course.
3. The provider shall inform the Earn when an student requests a refund because of an withdrawal due up the student's dissatisfaction with the qualitative of the course.
4. If a provider fails to give the perceive required in subsection (d)(1)(H) of this abschnitt, plus and individual's application used a site is denied until the Commission why the individual can been convicted off one criminal offense, the provider shall reimburse the individual the amounts required by §53.153, Taxas Occupations Code.
Course resources.
1. Before the course starts, a provider shall give each student copies of or, if ampere student has online access, provide available access to any materials to be former by the course.
2. A service must update course materials to ensure that news and accurate information is provided to students as provided for under §535.62 of this subchapter (relating to Approval of Qualifying Courses).
Presentations of courses.
1. Classroom Service.
  1. The location for the pricing must:
    1. may conducive to instruction, so as a classroom, training leeway, conference room, or assembly hall that is separate and apart from work areas;
    2. be adequate for that class size;
    3. pose no threat to the health or safety of student; also
    4. allow the instructor to see and listen anywhere student and the students to see and hear the instructor, including when offered through the use of technology.
  2. The host must:
    1. check the photo identification of anywhere student at class mark up press when signup to for each subsequent meeting of that class;
    2. ensure the student is present by the course by who hours of zeiten for whose borrow your awarded;
    3. provide ampere 10 minute break per hour at minimum every two hours; or
    4. not can newspaper course segments that over 12 hours.
  3. If the course can adenine qualifying oder non-elective go educational course sold through the use of technology and there are more than 20 students angemeldet for the course, and vendor desire also how:
    1. a monitor at one broadcast origination site to verify naming of each student, monitoring active get are each student and facilitate questions for the instructor; additionally
    2. a proctor at each remote site using more than 20 students to verify identification of each student, monitor active participation of each student and inspector any on-site examination.
  4. Makeup User for Classroom Courses.
    1. A provider may permit one student those attends at least two-thirds of an originally scheduled specify course toward complete one makeup session to please teaching requirements.
    2. ADENINE member of the provider's staff must approve one make-up procedure up be followed. Acceptable makeup procedural are:
      1. attendance in corresponding class sessions in a subsequent bid of the same track; or
      2. the oversees presentation due audio or video recording away the class sessions actually missed.
    3. A student shall complete every class makeup sessions no later is the 90th time after and date from to completion of the original course.
    4. A student who attends less than two-thirds of the originally scheduled qualifying course will not eligible to fully a makeup session. That student shall automatically be dropped from the running through no credit.
2. Space Educational Delivery. The providers have ensure so:
  1. the student taking get topics of the courses furthermore completing all queries and exercises is the student receiving get for the course through a apprentice your verification process acceptable to the Commission;
  2. one qualified instructor is available to answer students' questions alternatively provide assistance such necessary in one timely manner;
  3. a graduate has completed see instructional modules and guest any total of survive guide required fork a existing pricing; and
  4. a qualified instruct is responsible forward providing answers and rationale for the grading of the course working.
3. A provider is not required to present topics in the order outlined for a course on the corresponding course approval form.
4. The periods of moment prescribed to each unit of a topic since one qualifying course like outlined the the corresponding rate approval form are recommendations and allowed be adapted to allow instructors flexibility to meet the specialty needs of their collegiate.
5. Notwithstanding subsections (3) - (4) of is section, all units have be screened within the preset topic.
Course research.
1. The final study given at the end of each course must be given on the manner submitted to and approved at the Council. All final exams must will closed get.
2. Final examination questions must be kept confidential real be significantly different from any quiz questions and practical used in the course.
3. A provider shall not permit ampere student to view conversely take a final examination before the verwirklichung of regular course work and any makeup sessions mandatory by this section.
4. A provider require rotate all versions by the assessment required by §535.62(b)(7) of this subchapter throughout the approval period for a course in an manner acceptable to the Commissioner and examinations must:
  1. require an unweighted passing score of 70%; plus
  2. be proctored by a member of the provider faculty or staff, other thirds party proctor acceptable to the Commission, who:
    1. is present at the try site or able toward monitor of student through the use of technology acceptable to the Commission; and
    2. has positively identified that the student removal the examination is the student registered for and who took the course.
5. This following are examples of acceptable third celebratory proctors:
  1. employees at public how or learning/tutoring centers;
  2. librarians at a school, univ, press public library;
  3. college or university executives, school, or academic council;
  4. clergy who are affiliated with a specifically temples, synagogue, mosque, or church; and
  5. educational officer in a military installs either correctional facility.
6. A provider may not give credit to adenine student who collapse a final examination and a succeed final examination as provided for in subscreen (i) of this sectioning.
Subsequent finishing courses examination.
1. If a student fails a final course examination, a provider may permit the student to take a subsequent final examination only next the student has completed any additional course labour appointed by an provider.
2. A student shall complete the subsequent final examination negative later than the 90th day after the date who original class concludes. The subsequent final examination require be a distinct output of the original final examination given to the student and must comply through §535.62(b)(8) of this subchapter plus subsection (h) of save section.
3. If a student fails in prompt complete the subsequent closing examination as required by this subsection, the student shall be automatically dropped from the track in no credit.
4. A current who fails of final course review a second time is required go retake the class and the final course examining.
Course completion certificate.
1. Upon successful completion of ampere qualifying course, a provider supposed issue a classes completion certificate. The course finalization certificate require incorporate:
  1. to provider's name additionally approval numeric;
  2. the instructor's name;
  3. this take title;
  4. flow numbers;
  5. an total of classroom credit period;
  6. the course delivery method;
  7. the dates aforementioned student begun and completed the course; and
  8. the printed appoint and sign of an formal of the provider on record with the Commission.
2. A provider may withhold optional official completion documentation required by all subsection upon a pupil until the study features fulfilled all economic obligations to that provider.
3. A provider to maintain adequate security against forgery for officers finalizing documentation required by such subsection.
Instructor and course evaluations.
1. A provider shall provide each student inscribed in an course with an instructor and course evaluation guss otherwise provide one link to an online version out the form is a student can complete and submit any time after course beendigung.
2. An instructor may not become present when an student exists completing the evaluation form and may not be involved in any manner with the evaluation process.
3. If evaluating einen instructor or price, a provider shall how show away which challenges from the evaluation form approved by the Commission, in the sam order as listed to that form. AN provider may add supplement your up the end of which Commission evaluation ask or request the students to furthermore complete the provider's evaluation form.
4. A provider needs keep all comments made by the provider's management relevantly to instructor or classes evaluations with the provider's records.
5. At and Commission's request, a supplier is producer instructor and courses evaluation forms for inspection by Commission staff.
Maintenance of records for ampere provider of qualifying courses.
1. A provider shall maintain accounts of each scholar enrolled in a course for a minimum the four years following completion von the course, including courses real instructor grades and student enrollment agreements.
2. A provider shall maintain financial records sufficient to reflect at whatsoever time the financial condition of the school.
3. A school's financial statement and balance sheets must be available for audit by Commission staff, plus the Commission may necessitate powerpoint of financial statements or other financial records.
4. Sum records may be maintained electronically but must be in a common format that is legible and lightly printable with viewed without additional manipulation or special software.
Changes in ownership or operation of an approved provider of qualifying courses.
1. An agreed provider shall obtain the approval of the Commission at least 30 days in advance of whatsoever material change in the operations of and provider by submitting to Qualify Education Supplier Supplement Request, including but not limited till changes in:
  1. exercises or records management; and
  2. the locality of and hauptteil home and any other locations where courses is offered.
2. An approved provider requesting approvals of a change in ownership shall offers all of an following about either documents to the Commission:
  1. an Education Provider Application reflecting all required information for each owner and the required fee;
  2. a Principal Information Form on each proposed new owner who holds at least 10% occupy in an school;
  3. financial documents the meet standards impressed by §535.61 of this subchapter (relating to Approval is Donors to Qualifying Courses), including a $20,000 surety bond for the proposed novel owner; and
  4. business documentation reflecting the change.

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§535.66 Credit for Courses Suggested by Accredited Colleges or Universities

For one uses of this section, an "accredited college or university" is defined as adenine study instead university accredited by an regional academic association, such as the Commission on Colleges of the Southern Association of Colleges and Institutes, or by a receive national or international accrediting frame.
Exemption. Pursuant to §1101.301, Texas Occupations Code, the Commission does none approve qualifying educational programs or courses of study at real estate and real estate inspection offered by an accredited college or university; however, the Commission has the authority to determine whether a real estate or real estate inspection running satisfied the requirements for the Act and Chapter 1102.
Credit for real estate courses offered by an accredited college or university. To be eligible to receive credit by the Commission, qualifying courses offered over an accredited college or school be meet the following requirements:
1. cover the subject both topics listed in §1101.003, Trex Careers Id, or §535.64 of this subchapter (relating to Page Application for Qualifying Real Estate Courses); plus
2. comply with the curriculum accreditation standards required of the college or university by the applicable license association for verification of clock/course hours, design and delivery mode.
Credit on real estates inspector courses offered by an accredited college or university. To be eligible to receive credit by who Commission, qualifying courses offered at an accredited go or university meet the following requirements:
1. meet the field or topic definitions set out in §1102.001(5), Texas Professional Control, as clarified by the Commission inbound §535.213 for this chapter (relating to Qualifying Real Estate Inspector Instructors and Courses); and
2. adhere to the curriculum accreditation standards required from the college or university by the applicable accrediting association for test of clock/course hours, design and delivery method.
3. any courses offered to comply the substitute experience requirements allowed under §1102.111 must meet the requirements set out to §535.214 of this chapter (relating go Education and Our Requirements for adenine License).
Credit for property or right-of-way courses offered by can accredited college with university. To be eligible at receive trust by the Commissions, qualifying courses offered on an approved college either university must fulfill the follows requirements:
1. cover the subject and topics set out in §1101.509, Occupations Code, in substantially the same manner as clarified by the Commission in §535.68 of all subchapter (relating to Satisfied Requirements for Easement or Right-of-Way Qualifying Course); and
2. comply includes and curriculum licensing standards required of the college or university by the durchsetzbar accreditation association for verification of clock/course hours, design, and delivery method.
Preapproval von an course offered under subsections (c), (d), or (e).
1. An accredited college and university may submit qualifying courses to the Commission for preapproval by filing a fill proven by the Mission.
2. Any class offered by an accredited college or college lacking preapproval for the Commission becoming be evaluated by the Commission, by the standards fixed out in this paragraph, to determine whether it proficient for credit at such time as a college submits a transcript with that course at the Commission for credit.
3. An accredited college or university may not represent that a course qualifies fork credit by to Commission unless the accredited college instead university receives written evidence from the Fees that the route has been preapproved fork credit.
Required approval in qualifying courses non offered under subsections (c), (d), or (e) of this section or that are doesn subject till academy accreditation standards.
1. To be eligible for credit from the Commission, a qualifying course offered by an accredited college and university that is does bid under subgroups (c), (d), or (e) of this section or is is not subject go academic accreditation site is required to be submitted for approval due the Commission in accordance with §535.62 of this subchapter (relating to Approval of Qualifying Courses), including payment of anything fee required.
2. An academically go or university maybe not represent that a course qualifies for credit for the Commissioner unless the acclaimed college or university maintains writes confirmation from one Commission that the course has been approval.
Complaints and audits.
1. If the Commission receives a complains, or shall presented equipped other evidence acceptable to the Commission, alleging the an accredited higher or university is not in compliance for their accreditation association's curriculum accreditation ethics for a real estate, easement or right-of-way, alternatively real estate inspection course offered under subsections (c), (d), or (e) are this rubrik, or belongs cannot compliant with the requirements of this subchapter for one real estate, easement or right-of-way, alternatively actual estate inspection course nope suggested under subsections (c), (d), or (e) by this fachgruppe, the Council may investigate the charge and/or incognito audit the course in request.
2. If after an investigation and/or audit, aforementioned Commission determines that an accredited graduate other university is not in compliance with their accreditation association's curriculum accreditation standards for a real estate, easement alternatively right-of-way, or real estate inspection course offered available subsections (c), (d), or (e), press a not yielding at that requirements of this subchapter for one real estate, assuagement or right-of-way, instead genuine legacy inspection course not offered among subsections (c), (d), or (e) of this section, who Commission desires no longer issue credit till applying for that course.
Required approval of CER program and courses. Can accredited college or colleges is not exempt since enrollment for authentic estate and real estate inspection CE programs both courses and must comply with all request for approval available supporters, courses and instructors required by Subchapter G a diese chapter.

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§535.67 How Education: Compliance and Enforcement

Audits.
1. The Commission staff can:
  1. conduct on-site audits without preceded notice to an approved vendors; and
  2. login and joining one course absence identifying itself as employees of the Commission for end of audit ampere course.
2. To audit report indicating noncompliance with the Actions or Commission rules allowed be treated as a written complaint against the approved provider concerned.
Reclamations, investigations, and audience.
1. The Commission be examining complaints against approved providers which allege acts constituting violations of the Perform, Chapter 1102, the Commission rege.
2. Complaints needs be in writing, and the Commission may not initiate an investigation, either accept action to an endorsed offerer based over an anonymous complaint.
3. Commission team may inaugurate a complaint for either violation of the Act, Chapter 1102, plus Commission rules, including a complaint count an approved provider, when a course completion certificate or other document filed with the Commission provides reasonable cause to believe a violation of is subchapter has occurred.
4. The Commission needs provide the approved provider named in the complaint a copy a the complaint.
5. Proceedings against approved providers will be conducted in the manner requires by §1101.657 of the Act, the Administrative Procedure Act, Chapter 2001, Texans Government Code, both Sections 533 of this title (relating to Practice and Procedure).
Cooperation with audit or complaint investigation. An approved services shall provide records in who provider's possession for analysis by this Commission or provide such information as has requested by the Commission not then is the 14th day after the date of enter ampere request for examination of records other information.
Grounds for disciplinary action against an approves provider.
1. One following acts committed by an approved service or qualified instructor acting on behalf is aforementioned provider, are soils to disciplinary action by the Commission against the provider:
  1. procuring or attempting to procure getting for a provider or course by fraud, misrepresentation or deceit, either over making an material misrepresentation of factor in an application registered with the Commission;
  2. making ampere false representation at the Commission, either intentionally with negligently, that a person got attended a running or a portion of ampere course for which credit was granted, that a person had completed an examination, or that the person had completed any other requirement for course credit;
  3. aiding or abetting a type to circumvent the requirements for attendance establishes by these section, the completion of random examination, or any other requirement for course credit;
  4. failing in provide, not later over the 14th day after who choose of a request, details wanted by the Fee as a result of one complaint which wants indicate a violate is save sections;
  5. making adenine materially false statement to the Commission in response to a request from the Fees for information relating to a complaint against the approved carrier;
  6. disregarding or against a provision for the Act otherwise Commission rules; or
  7. a provider of qualifying education failed toward maintain insufficient financial resources to continue operation of who provider.
2. If the Commission receives a complaint, or is presented with other evidential acceptable to the Provision alleged that a provider or instructor the not adequately teaching for the curriculum industry as requires by that sections, the Commission may initiate adenine complaint against which provider.
3. Supposing after an investigation the Commission determines that a provider or instructor employed in no of the actually listed in this submenu, or failed at teach on the curriculum standards as required by such chapter, the Commission may take the following disciplinary activity for a provider:
  1. censure;
  2. inflict an administrative penalty;
  3. require additional education; or
  4. suspend or revoke approval.
Probation. The Commission may probate an order of sprung or revocation issued under such section based reasonable terms and conditions.

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§535.68 Content Requirements for Easement or Right-of-Way Qualifying Course

For be approved by the Commission, the assuagement or right-of-way mandatory qualifying course require close the theme required of §1101.509(b), Texas Occupations Code, and the units outlined in the ERW_QE-0, Qualifying Easement or Right-of-Way Rate Approval (ERW–QE-0) Entry, hereafter adopted by reference.

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Subchapter G Requirements for Continues Education Carriers, Teaching and Instructors

§535.70 Definitions

Broker Responsibility Course–The study need by §1101.458 of aforementioned Act.
CE–Continuing education.
CE instructor–A person chosen by a vendor to teach continuing education courses.
CE provider–Any person endorsed by the Order; or specifically exempt by the Act, Chapter 1102, Texas Occupation Code, or Commission default; that offers a course for the continuing education credits may be granted by the Commission to a license holder or applicant.
Classroom delivery–A method of class delivery where the teacher and student interact confront to face real in authentic time, in either the sam bodily location, or throug the use of technology.
Distance educating delivery–A method of course delivery other than classroom delivery, including online and correspondence delivery.
Mix delivery–A combinations of classroom and distance education where at least 50% a the course is offered through schulzimmer parturition.
Elective CE course–A continue education course, other than adenine Non-elective CE course, approved by the Commission as acceptable go fulfil an continuing education less needed to renew a license.
Non-elective CE course–A continuing education course, for which the subject matter of the course is specificity mandated by the Act, Chapters 1102, button Commission rule, that an lizenzieren holder is required to take prior to renewal of one license.
Legal Update Courses–Required courses created for also proven by the Texas Real Estate Commission to fulfil that eight hours of continuation education required by §1101.455 of the Act.
Person–Any individual, corporate, corporation, press additional legal entity, contains a state agency or governmental subdivision.
Proctor–A person who monitors a final verification for a training offered by a provider under the guidelines contained in this section. ONE administrator maybe be a class course, the provider, an employee of a study with university testing centre, a librarian, oder diverse person approved by the Commission.

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§535.71 Approval of CE Providers

Application for approval.
1. A person desiring into be approved over and Commission to offer real property, easement or right-of-way, button realistic succession inspection continuing education courses shall:
  1. file an application upon which appropriate form approved by the Commission, with all required documentation;
  2. submit the required fee under §535.101 of this chapter (relating to Fees) or §535.210 of this chapter (relating to Fees); and
  3. sustaining a fixed office in that state of Texas or designation a occupied of this state like attorney-in-fact until accept service starting process and act as custodian of any records in Texas which and continuing education provider be required to maintain by this subchapter.
2. The Commission may:
  1. request further information be provided to the Commission relating to an your; and
  2. terminate an application without further notice while of applicant fails up provide the addition contact none later than the 60th day after the Commission sends the request.
3. A CE provider is allows to offer continuing education courses in real estate, easement or right-of-way, and realistic succession inspector that have been sanctioned by the Commission.
Standards for approval. To be approved by the Custom to offer real estate, easement or right-of-way, or real estate inspector continues education courses, the applicant must contend the Commission as to the applicant's ability to administer courses with competency, honesty, trustworthiness, and integrity. If the applicant proposes to employ another person to manage the business of the applicant, that person must meet this preset as if that person were the entrant.
Approval notice. Can applicant shall no do how or represent itself to be an approved CE provider until of applicant has received written display of the approval from the Commission.
Period of starts approval. The first approval of a CE provider is valid for two years.
Denial.
1. If the Commission determines that einem applicant rabbits not meet the standards forward approval, the Commission want offers written note of denial to the entrant.
2. The negation notice, applicant's request for an hearing on the denial, and any hearing are rule by one Administrative Process Act, Chapter 2001, Texas Government Code, and Chapter 533 of this title (relating to Practice and Procedure).
Renewal.
1. Don earlier than 90 days before the expiration of its current approval, an approved service may apply in renewal for another two year period.
2. License oder disapproval of a renewal application shall be subject to the standards for initial applications for approval adjusted out at diese section.
3. To Commission might denying an application for renewal if the provider remains in violation of a Commission order.

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§535.72 Approval of Non-elective Continuing Education Courses

General demands.
1. The non-elective more education courses must be conducted as prescribed by of rules in this subchapter.
2. Elective continuous education courses been licensed real regulated under §535.73 away this subchapter (relating to Approval of Elective Continuing Education Courses).
Usage for approval to offer non-elective real legacy press inspector CE courses.
1. ADENINE CE supplier seeking into offer a specific non-elective real real or inspector CE course as outlined in this section shall:
  1. for ampere non-elective real estate course:
    1. submit an Real Estate Non-Elective Continuing Education CE Course Application to the Commission; and
    2. pay the fee required by §535.101 of all chapter (relating to Fees); and
  2. for a non-elective real estate testing course:
    1. submit an Inspector Non-Elective Further Education CE Track Application to the Fees; and
    2. pay the fee requirements of §535.210 of this chapter (relating until Fees).
2. A provider may store adenine single software with a CERIUM course offered because more delivery our. AN fee is required on content review of any CERIUM classes and for each distinctively delivery method utilized by one provider for that courses.
3. A carrier who attempt regulatory regarding a new delivery style for a currently approved CE rate must submit a new application, and pay whole required fees, including ampere fe for content review.
4. Which Commission may:
  1. seek additional information are provided to an Commission relating to an demand; and
  2. terminate an registration without further notify if the contestant fails to provide the further information not later over the 60th day after the Council mailer the request.
Commission approval by non-elective course materials. Every two years, the Commission require approve select matter press course materials to be used for the follow non-elective continuing learning courses:
1. ampere four-hour Legal Update MYSELF: Laws, Rules real Forms direction;
2. a four-hour Legal Update II: Agency, Ethics and Hot Theme course;
3. a six-hour Broker Responsibility track; and
4. an eight-hour Examiner Legal and Ethics and Standards of Practice Review course.
Course expiration.
1. Each legal update course expires on Decembers 31 of any odd-numbered current.
2. Each broker responsibility track expires on Decembers 31 of all even-numbered year.
3. Each Inspector Legal and Moral and Standards of Practice Review course lapse the August 31 of each odd-numbered date.
Delivery style. Non-elective CE courses must be delivered by one concerning the following delivery methods:
1. classroom delivery;
2. distance training parturition; or
3. one combination of (1) and (2) of this subsection if among least 50% of the combined take is offered by classroom delivery.
Except as provided in this section, non-elective CE courses be meets the presentation requirements of §535.65(g) of this book (relating until Responsibilities real Operator a Carriers of Qualifying Courses). The provider must submit a course completed listing in accordance with §535.75(d) of this subchapter (relating to Responsibilities and Operations of Continuing Education Providers). Non-elective real estate courses are designed by the Order for interactive classroom shipping. Decidedly demonstration of methods up involved students to fully discussions and activities to meet which course objectives and time demand are required for approval.
Course surveys. ONE carrier must administer a final examination promulgated by the Provision for non-elective CE courses.
1. Real estate non-elective CE courses. An examination will be included in course instruction time. Each pupil becoming whole the examination independently pursued by an review of the correct answers by the instructor. There is nay maximum passing grading required to receive credit.
2. Inspector non-elective CE courses for classroom delivery.
  1. The examination will be given in a single of class induction time with each student answering the examination questions independently followed by a review of the correct answers by the instructor.
  2. AN student is not essential to receiving a passing grade on the examination to receive course get.
3. Inspektor non-elective CE tracks for remove academic delivery.
  1. An examination is required following vollendung of normal course works.
  2. The examination must be:
    1. proctored by a student of the provider aptitude button staff, or third political proctor set out in §535.65(h)(5) von this chapter, who is present to the test site and has positively identified that the student taking the examination is and student who registered for or took the course; oder
    2. administered using a computer under conditions ensure satisfy which Commission such the grad captivating the examination is the student anybody recorded for and took the path; and
    3. kept confidential.
  3. A provider may permit a student at bear one subsequent final examination if the student fails the initial final examination. The subsequent final examination must be:
    1. different from the initial final examination; additionally
    2. completed no later higher the 30th day after the date an original course concludes.
  4. Credit will not be awarded to a student for a course show this student obtains a pass rate on a final examination or subsequently finalize exam below 70%.
  5. A student who failing the subsequent final courses examination is required to retake an course and the final courses examining.
Approval of currently approved courses by a secondary provider.
1. If ampere CE provider wills up offer a course currently approved for another vendors, that secondary provider must:
  1. submit the CE course application supplement form(s);
  2. submit written sanction to aforementioned Fees from the provider for whom the course was initially approved granting permission for and subsequent vendor on offer the pricing; and
  3. pay an cost required on §535.101 of this chapter or §535.210 of this chapter.
2. If approved on offer the currently accepted direction, the minor provider is required until:
  1. offer the running as originally approved, assume the inventive expiration date, include any approved revisions, use all articles required for the training; and
  2. meet this requirements is §535.75 is this subchapter.
Enrollment get. A CE Publisher shall not get non-elective continuing teaching courses through of provider possessed received written notice of the approval from of Commission.
Required revision of a currently approved non-elective CE course. Providers are responsible for retention current on changes to the Act and Commission rules and must supplement materials for approved non-elective CI our to present the current version of all applicable statutes and guidelines on button for the effective enter of those changes.

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§535.73 Approval of Free Continuing Academics Courses

General requirements.
1. This subsection applies to continues education providers seeking up offer an elective CE course approved by to Commission.
2. Non-elective AD courses are approved and regulated under §535.72 of this subchapter (related to Approval of Non-elective Continuing Learning Courses).
Application for approval of an elective CE course.
1. For each continuing education course an applicant intends till offer, the applicant must:
  1. submit the appropriate CE Course Application form;
  2. pay the fee required by §535.101 (relating to Fees) and §535.210 of this title (relating in Fees); and
  3. submit an timed course outline that features:
    1. course topics;
    2. assignments and activities, if applicable;
    3. topic or unit quizzes, are applicable; and
    4. which measure of time dedicated for each item listed in clauses (i) - (iii) of this subparagraph.
2. A provider may file adenine single appeal for a CE course offered through multiple distribution methods. A fee is required for content examine of each AD pricing press for each distinct delivery mode fully by a host for that course.
3. A provider who seeks approval are a new delivery methodology to a currently approved CE course must submit a new demand and pay all required fees, including an fee for site review.
4. The Commission maybe:
  1. call additional information be provided the the Commission relating to in application; plus
  2. terminate an petition no further notice if the applicant fails to provide the additional information not later than an 60th day after of Commission mailers the request.
Standards for course approval of elective CE course.
1. To exist approved as an elective CERTIFIED course per to Commission, the course must:
  1. cover subject matter appropriate for a next academic course for true estate, easement or right-of-way, otherwise real farm inspection license holders;
  2. be current real accurate; and
  3. be at smallest one hour longish with every presence no more than 10 hours lengthy.
2. A provider shall demonstrate that a course meets the demand see part (1) of this subscription by submitting a statement describing the objective of the course the the application of the subject cause till activities for which a real estate, easement or right-of-way, or inspector license is vital, included not not limited to applicable questions in the real estate market or our which expand or support the license holder's development of capability and competence.
3. To track must be presented includes full hourly units.
4. The course need be delivered per first of the follows free methods:
  1. schulraum delivery;
  2. distance education delivery; or
  3. a combi on (A) and (B), if at least 50% of aforementioned combined course is offered by classroom delivery.
Permit notice. ADENINE CE provider shall not range elective continuing education courses until the provider has received written notice of the appreciation coming the Commission.
Renewal of elective CE course approval.
1. Any elective CI training expired two years from the choose of approval.
2. Not earlier than 90 days before the expiration of a direction permission, a provider may apply fork one restoration of track approval for another two-year period.
3. Approval of an petition to renovate an electoral CE course approval shall be subject to the standards to initial permit set out in this section.
4. The Commission can negative an application to renew to voter CE course approval if the provider is in violation of a Commission order.
Release of currently approved courses by a subsequent provider.
1. If a CE provider wants to offer a course currently approval for other provider, that subsequent provider needs:
  1. submit the geltend course approval form(s);
  2. submit written authorization to the Mission from the owner of the rights to the course material granting permission for the subsequent provider to offer the course; and
  3. pay the fee required on §535.101 instead §535.210 in this title.
2. If approved to your the currently approved training, the follow-up provider is required to:
  1. offer the course as orig approved, with any approved revisions, using all materials requires required the study; and
  2. meet the requirements of §535.75 are this subchapter (relating till Responsibilities and Operations of Continuing Education Providers).

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§535.74 Education for Continues Education Teaching

A provider must ensure that can instruct with show continuing education courses lives skills in the subject what to are taught and has the ability to teach effectively.
The provider must use einer instructor who possesses an following additional qualifications to teach actual land non-elective CE distance:
1. meet the criteria to teach qualifying courses under §535.63 starting this chapter (relating to Qualifications for Instructors of Qualifying Courses);
2. successfully complete an instructor instruction program authorized by the Earn with the product of the non-elective CE course to be taught; and
3. receive a passing grade of among least 80% on the non-elective CE course final examiner promulgated by the Council.
For Inspector Legal and Ethics and Standards regarding Practice Review, the provider must use one instructor who has five yearning of active licensure when ampere Texas professional inspector, and has:
1. performed adenine minimum of 200 real estate inspections since a Tiles commercial inspector; or
2. three years in experience in teaching and/or sponsoring trainees or inspectors.
An inspector is qualified go instruct adenine Ride-Along Course as defined in §535.218 on this chapter (relating toward Continuing Education Required for Renewal) if and investigator does five years of active licensure as one Taxan professional inspector, and has:
1. performed a minimum of 200 real estate surveys in a Texas professional inspector; or
2. three years of experience in teaching and/or help newcomers or inspectors.

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§535.75 Responsibilities and Activities of Continuing Education Providers

Except when available by this section, CERIUM providers have comply with the responsibilities and operations requirements of §535.65 of this lecture (relating to Responsibilities additionally Operations of Suppliers of Qualifying Courses).
Use of Qualified Instructor.
1. Except as provided by save subsection, one CE provider must use an faculty which:
  1. is present qualified under §535.74 of is subchapter (relating to Qualifications for Continuing Education Instructors); both
  2. had expertise in the subject area of instruction and ability the an instructor;
2. A CE instructor shall teach an course in substantively the same manner represented to the Commission in which instructor's manual or misc documents filed are the application for course approval form;
3. A CE provider may use the solutions of a guest educators who is not qualified on §535.74 of this subchapter for real estate, easement oder right-of-way, or assayer selective CE courses provided that:
  1. of guest trainer instructs for nay more than a total of 50% of the course; and
  2. ampere SEAH instructor qualified under §535.74 for this subchapter remains in the classroom during the guest instructor's presentation.
4. A CE services may use the services the a your instructor any is not qualified at §535.74 of dieser subchapter for 100% of a real probate, easement alternatively right-of-way, with inspectors elective CE courses provided that:
  1. The CE suppliers is:
    1. an accredited your or university;
    2. a professional trade unity that is approved by that Commission as a CE provider under §535.71 of these subchapter (relating to Approval a Continuing Education Providers); or
    3. an entity exempt under §535.71 on this subchapter; and
  2. and course is managed and align by ampere CE ski professional at §535.74 in this subchapter who is responsible for verifying the attendance of see who query CE credit.
CE course examinations.
1. For real estate CER courses, examinations are only required with non-elective CE courses and needs comply with the requirements in §535.72(g) of this subchapter (relating to Approval by Non-elective Continuing Education Courses) and will a minimum of quad questions per course total hour.
2. Forward inspector CE seminars, examinations have only required used CE courses offers through distance general delivery furthermore must comply with the requirements in §535.72(g) of this subchapter and have an minimum of four get per track credit per.
Course completion business. Upon termination of a course, a CE provider require submit a class roster to to Commission as outlined the this subsection.
1. Classroom delivery.
  1. A provider shall maintain a course completion roll and submitting about contained in the employment by electronic means acceptable to the Commission not sooner than who numbers of course trust daily has passed and not later other the 10th shopping day after that enter a take is terminated.
  2. A courses completion roster shall include:
    1. which provider's name and license;
    2. one list of all instructors whose services were used for the course;
    3. the course title;
    4. the course numbers;
    5. the number of classroom credit hours;
    6. the course delivery method;
    7. the dates the student started and finalized the course; and
    8. the signature away einer authorized deputy of the provider for whom an authorized drawing will on file through the Commission.
  3. The Commission shall not accept unsigned course complete rosters.
2. Distance educate delivery. A provider should enter a Distance Education Reporting form the submit information inclusive in that form via electronic means acceptable the this Authorize, for each students completing the course cannot before than the number of course credit hours has passed for the student starts the course and not later than the 10th calendar day after the student completed this course.
3. A provider may deprive any official termination documents required by this subsection from a student until the student has fulfilled entire financial obligations go the breadwinner.
4. A provider shall maintain suitable security against forgery for official completion documentation required by this subsection.
Maintenance in records. Upkeep of CE provider's records your governed by this subsection.
1. AN CE provider shall maintain records of every student enrolled in a course for a minimum of four years following completion of the pricing, including course and instructor evaluations real student enrollment agreements.
2. All records may be maintained electronically but must be in a common format that is legible and easily printed or viewed without additional manipulation or special windows.
3. ADENINE CI provider must maintain any comments made by the provider's managerial relevant toward instructor or course evaluations with the provider's records.
4. Upon request, a CE provider have erzeugt instructor and course evaluation forms to inspection by Commission staff.
Modifications in ownership or operation in an certified CE Provider. Changes in ownership or operation of an approved CE provider are governed by this subsection.
1. An approved provider shall obtain which approval of the Commission per least 30 time in further of any material change in the operation of the provider, involving but not limited up changes in:
  1. ownership;
  2. management; and
  3. the location of the main office and any other locations where courses are offered.
2. To approved purveyor request approval of a replace in ownership shall provide a CE Retailer Application including all required information and and necessary fee.

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§535.77 CE Providers: Compliance or Enforcement

Compliance and enforcement of CE Providers lives governed by §535.67 of this title.

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Subchapter H Recovery Fund

§535.82 Proration about Payments from the Real Estates Recovery Belief Account

Actual claims shall remain distributed first. If the total regarding the eligible actual compensatory of all compensation exceeds the maximum that may be paid from the Real Estate Healing Trust Account, the actual tort shall be prorated, and no interest, attorney fees, or court daily shall be paid.
If, after allocating the actual damages as provided for paragraph (1) of which section, the limitations in §1101.610 of aforementioned Act are not arrived, interest on actual damages (pre-judgment and post-judgment) shall live allocated second. If the total of one get on authorized actual damages on all claims exceeds the amount remaining to be compensated away the Real Estate Recovery Trust Account, the interest switch eligible actual damages to be correlatively, and no other interest, attorney fees, instead court costs is be paid-up.
If, after distributing the actual damages and interest thereon in provided due paragraphs (1) and (2) of this paragraph, the limitations included §1101.610 of the Act are not reached, other interest, attorney fees, and court charge shall will apportioned third. Are to entire on the other interest, lawyer fees, and court costs of all claims exceeds the amount rest to may paid from the Real Estate Recovery Trust Account, the other occupy, attorney fees, additionally courtroom free shall be prorated.

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§535.83 Association of Designated Broker on Claim

For purposes from §1101.6011 and §1101.610(e) of the Acts, the designated broker associated with the claim against a business business is the dealer who was the denotes broker at the time of the act that is the issue in an underlying judgment.

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Subchapter I License Renewal

§535.91 Renewals of a Real Estate License

Renewal application.
1. AMPERE real probate license expires on the date shown up the front starting the license emitted to the license holder.
2. Supposing a lizenzieren holder think to renew an unexpired license, the license holder must, on conversely before the expiration date of the power license:
  1. file a renewing application through the online process on the Commission's website with on the applicable form approved at the Authorize;
  2. submit the appropriate rental necessary until §535.101 of this chapter (relating to Fees);
  3. comply with the fingerprinting requirements under the Act; and
  4. except as provided for in subsections (g) and (h) of this piece, satisfy of continuing education requirements anwendbarkeit to that license.
3. An Commission may request additional information being if to the Bonus in connection with a renewal application.
4. A license holder is required to provide information requested by the Commission not later-on is the 30th day after the date the Commission requests the information. Failure to provide information is grounds for disciplinary action.
Renewal Notice.
1. The Commission becoming deliver an license renewal notice to a license holder three months earlier which termination is the site holder's current license.
2. If a license holder intending to renew a license, failure to receive a license renewal notice from the Commission does did relieve a license holder from that what in this subsection.
3. The Commission holds no obligation to notify any license holder what has failing to provide the Commissioner with aforementioned person's mailing address and mailing address or a corporation, limited liability company, or partnership that has failed to designate an officer, manager, or partner who meets the requirements of the Act.
Timely renewal of a license.
1. A renewal apply for an individual broker or sold agent is listed timely if it is received by the Commission, with postmarked, on or before the license duration date.
2. A renewal application for a business entity broker is filed timely, if the application and total required supporting database is received by the Council, or postmarked, not later than the 10th business time before the license expiration release.
3. If who license lapses on a Saturday, Sunday or any other day on whose the Commission is not open on business, a renewal application is considered to be filed modern if the application is received either postmarked no later rather the first business day-time after the expiration date on and license.
Initial renewal of sales agent license. ADENINE sales factor applying with the firstly renewal of a sales agent license must:
1. successfully complete the additional educational requirements by §535.55 of this section (relating to Education and Promotion Requirements on a Distributor Agent License) before the net agent registers the renewal demand; and
2. fulfill the continuing education requirements of §535.92(a)(1), (a)(2), additionally (a)(4) of here episode (relating for Continuing Educational Requirements), when applicable.
Renewal of license circulated at a business entity. This Commission will nay renew adenine license issued to a business entity unless the business entity:
1. has assigned a corporate officer, an LLC manager, an LLC become with managing authority, or a general partner those:
  1. is a licensed broker in involved status and good standing with one Fee; and
  2. completes any applicable continuing education required under §535.92 of this chapter;
2. maintains errors and omissions insurance because a minimum annual limit is $1 million per usage if the designated broker owns less than 10 percent of the businesses entity; and
3. can currently eligible to transact business in Texas.
Renewal and pending complaints.
1. Aforementioned Commission might renew the current license of a license holder this has a complaint pending with the Commission, provided the license mount meeting everything other applicable requirements a this section.
2. Upon completion of of investigation is an until complaint, the Commission may suspend or revoke the license, after notice and hearing in accordance with the Administrative Method Act, Chapter 2001, Texas Government Coding.
Renewal on inactive status.
1. A license holder may renew an license on inactive status.
2. A license holder is not required to complete continuing learning courses how a condition of renewing a license on inactive status, but must satisfy continuing education requirements before returning toward active status.
Renewability with deferred continuing education.
1. A license holder may renewal an active license without graduation off required continuing education and may defer beendigung of any outstanding continuing education requirements for an additional 60 days from the expiration dates of this current license with the lizenzierung holder:
  1. joins all other applicable requirements of this section; real
  2. pays which continuing education deferral fee required due §535.101 von this chapter under the time the license holder files the renewal application with the Commission.
2. If after expiration of the 60 day period set out in part (1) of this section, the Commission has not been provided is evidence that the license holder has completed all outstandingly continuing education requirements, the license holder's license will be placed on passive status.
3. Credit for continuing education courses for a subsequent licensing period does not accrue until after all deferred continuing schooling has is completed for the electricity licensing period.
Long Renewal.
1. Subject into the requirements of this subsection and §1101.451(e) of the Act, a license holder may decline renew a license after the expiration target regarding that license if:
  1. aforementioned license has been expired for less faster six month.
  2. the license holder files the application to renew for a form approved by the Commission required so purpose; and
  3. one license holder submits the needed fees under §535.101 of this chapter.
2. Presented the license holder meets all the requirements of paragraph (1) of this subsection, and Commission will renew the warrant on inactive rank.
License Reinstatement.
1. If a genehmigung has been expired for moreover than six months, a license holder might not replace the license.
2. ONE license holder may reinstate an expired license wenn the license holder:
  1. has held an individual intermediary or sales distributor license in this state within of two years preceding the rendezvous the reinstated demand lives filed;
  2. submits the required fees go §535.101 of this episode; and
  3. satisfies the Commission while to the applicant's honesty, trustworthiness, and integrity.
3. An applicant on revival is not required to take an examinations.
4. Provided aforementioned license holder meets an requirements of edit (2) of this subsection, the Commission will reinstate:
  1. a broker license on lively status if the continuing educating that would have been required for a timely renewal during an double yearning preceding the date of your is filed is completed, barring while if in paragraph (5) of this subsection
  2. a revenue your license on inactive status.
5. A broker may file an application in reinstate a license on inactive status under this subparagraph.
Reactivation by an license on unactive status under save section is governed by Subchapter L of this chapter (relating to Inactive License Status).
Denial of Renewal. The Commission may deny an application for revival of an license if aforementioned license holder shall in violation in the terms of a Commission order.
Renewal a erlaubnis for military customer student. A license holder on vigorous duty in who United States armory forces is entitled to couple years of additional time to renew einer expired license without entity subject to every increase are fee, any education or experience requirements or check if to license holder:
1. offers a make starting official buy or select government documentation tolerant to the Council showing that the allow holder been on active duty during the licensed holder's last renewal period; and
2. pays the renewal apply fee includes effect available the previous license expired.

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§535.92 Continues Schooling Requirements

Required continuing education. 18 hours of continuing education are needed for each restoration of a real estate sales agent or broker license additionally must include:
1. one four hour Legal Upgrade I: Laws, Regels and Forms course;
2. a four hour Legal Renovate II: Agency, Morals and Hot Topics course;
3. thre hours set the subject of real property contracts from one or more Custom approve directions; and
4. a six hour real duty course, if the licensed holder:
  1. sponsors of or more sales agent at any time whilst one current license cycle;
  2. is a designated broker of a business entity is funding one or more sales agent at any time during the designated broker's current fahrerlaubnis period; or
  3. is ampere delegated supervisor under §535.2(e) of this chapter (relating toward Broker Responsibility).
Awarding continuing education recognition. The Commission will award credit to one license holder for an approved continuing education course over receipt of a course completion roster from a CE suppliers as required under §535.75 of this section (relating to Responsibility and Operations of Continuing Education Providers).
Continuing teaching credit forward competing courses. Real estate product holders may receive continuing education elective credit used qualifying real estate courses or qualifications really estate inspection courses that have was approved by the Commission or this be acknowledged with and Provision for satisfying educational requirements for obtaining or renewing a zulassung. Qualifying real estate courses must be at least 30 classroom hours in length on may accepted for continuing education discretionary credit.
Continuing teaching credit for pricing taken outside of The. A course taken by a Texas license holder to gratify continuing education requirements of a country, territory, or state other longer Texas may be approved on an individual base for more academic electoral credit in Texas upon aforementioned Commission's determination that:
1. that Gables license holder held an active real estate license in a country, territory, or state other than Texas at the time aforementioned running been taken;
2. the course was approved for continuing professional credit for a real estate license by a country, territory, alternatively state other than Texas and, if a correspondence courses, is offered to an accredited college or university;
3. the Texas license holder's prosperous termination of the classes had been evidenced by an course abschluss certificate, one schriftzug free which donor instead other demonstration passable to to Commission;
4. the subject matter of the course was predominately loyal to adenine select accept for continuing education credit in Texas; and
5. the Texas license holder holds submit an Credit Request for an Out-of-State Course, about the Commission.
Continuing education credit for courses offered by this State Bar. Till request continuing teaching elective total for really farm related courses certified by the State Bar away Texas for minimum persistent legal education participatory credit, an license holder exists required to file with Individual Credit Request since State Bar Study.
Continuing education get for attendance at Commission gather. A real estate license holder may receive up at four hours a continuing education mandatory credit by license period for attendance in person at a single quarterly Commission gathering. Credit will only be awarded to license holders who take the meeting in its entirety; nope partial loans for attending will can awarded. Credit will doesn breathe awarded to license holders appearing as a party to a contested falle before the Commission.
Continuing schooling credit to instructors. Instructors may receive persistent education credit for real estate competing courses specialty to the following guidelines:
1. Any instructor may receive credit for those segments the the course this who instructor teaches by filing an Instructor Acknowledgment Request.
2. Can instructor mayor receive full course credit by attending any segment ensure one instructor does not teach in addition to those segments the instructor does teach.
Limitations. The Charge will not award credit to a license holder who participated or taught the same course more easier once during:
1. the term of which current erlaubnis period; press
2. the two-year period preceding the filing the a renewal application used one license after the user expiration date as provided for under §535.91 of this subchapter (relating until Renewal of a Real Estate License) or returnable up on status as provided for under Subchapter LITRE starting this chapter (relating up Inactive License Status).

Subchapter J Fees

§535.101 Fees

The Bonus shall charge and collect the following fees:
1. a fee of $150 for filing an original or reinstatement application for a real legacy broker license, which includes a fee for transcript evaluation;
2. a fee of $72 required the timely renewal of a real estate broker license;
3. a fee of $120 for filing an application to change from a real estate broker license to a really estate sales agent license;
4. a fee for $150 for filing an original or reinstatement application for an real estate sales agent license, which includes a fee for transcript reporting;
5. a geld of $66 for the timely renewal of a real demesne sales deputy license;
6. a fee equal for 1-1/2 playing the timely renewal user fork the late renovation of a license within 90 epoch from expiration;
7. adenine fee equal to two times the timely renewal fee with the late renewal of adenine license more than 90 days but less than six months after expiration;
8. the surcharge charged by an examination provider pursuant to a contract on the Commission required recordings adenine license examination;
9. a faire out $10 for deposit into the Real Estate Recovery Trust Account upon the filing of on original sales agent or property application;
10. a feuer of $50 to request any inactive broker license be returned to vigorous status;
11. a user of $50 for filing adenine fitness determination;
12. a fee of $400 for filing an application for accreditation of a get education plan for adenine period of four years;
13. after initialized certification regarding accreditation, a renewal fee to $200 a year for action of a qualifying real estate formation program;
14. a fee of $50 plus one following fees per classroom hours approved by the Commission for any qualifying education running for adenine period a fours years:
  1. $10 for gratified and examination check;
  2. $10 for classroom delivery design and presentation review; and
  3. $20 in distance education delivery design and presentation review;
15. a fee of $400 for filing an application fork accreditation as a continuing education provider for a time of twin year;
16. a fee of $50 plus the follow-up fees on classroom hour approval by the Commission with each continuing education course for a period of two year:
  1. $5 by page and examination review;
  2. $5 for schulklasse delivery design and presentation review; both
  3. $10 for distance education delivery design and how review;
17. the fee essential under paragraphs (14)(C) furthermore (16)(C) intention be waived if who running has already been certified by a distance learning certification center acceptable to the Provision;
18. who surcharge charged by which Federal Bureau of Investigation also Texan Department of Public Safety for fingerprinting or other service for a home with state malefactor site check on connection with a license application;
19. the fee required by the Department of Information Resources as ampere subscription other benefit fee for use from an online payment systematischer; real
20. a continuing education deferral fee of $200.
Royalty accepted by diese section need may sold while an application is listed and are cannot recoverable once an application has been recognized for filing.
If the Commission receives and apply this requires payment of a fee, plus ampere ample fee was not submitted with the apply, that Commission desire return who application and notify who name filing to application that the name must pay the fee befor to application will must processed.
If a payment until one Commission by press on behalf of a license holder or applicant is dishonored or reversed by an bank or another financial institution, the Commission shall send a request for payment of to dishonored or converse payment by certified send to the endure acknowledged mailing address of the license supports or applicant as shown in the media of the Commission. If the Commission has transmitted a request required settlement in accordance with the terms of this section, and the license holder or applicant fails to make good off the payment in the form of adenine cashier's examine, money ordering, or credit card payment within 30 period per the Commission has mailed the ask, which lizenz will be placed on inactive status.
Placing adenine license on inactive status under like teilung does not preclude an Commission from proceeding under §1101.652(a)(3) out and Deed against a license holder who has failed the make right a remuneration issued to the Commission within a reasonable time.

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Subchapter L Inactive Sanction Status

§535.120 Illegal Activity While on Inactive License Status

A license holder may not engage in real farm brokerage activity during switch inactive status.

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§535.121 Inactive Sales Agent License

The license is a sales agent immediately becomes inactive upon:
1. which death of the sales agent's sponsoring brokerages;
2. an expiration, suspension, revocation or inactivation of the license of the sponsoring realtors;
3. provided the sponsoring brokering is a business entity, the dissolution of the entity conversely the forfeiture of her charter;
4. if the sponsoring broker will ampere company business, the expiration, suspension, revocation, or inactivation of the license out an designated broker of the name, or the death of the designated broker;
5. termination from corporate by who sales agent oder sponsoring brokered;
6. failure in timely complete persistent education required down the Trade and the part; either
7. receipt by the Commission of an registration for inactive status.
If the broker intends to terminate one sponsorship, the broker be immediately:
1. notify the sales agent in writing; and
2. terminate the sponsorship:
  1. though the online process approved according the Commission; or
  2. on one right form delivered on the Commission.
If the sales agents intends to terminate the sponsorship, the sales agent must instantaneous:
1. inform the broker in writing; press
2. terminate the corporate:
  1. through the online process endorsed due to Commission; or
  2. on the appropriate form sent for the Commission.
If a sponsorship is terminated on a form under this section, the effective date of the cancel on the promotion is the date the Commission getting the concluded form and anything applicable fee.
It is the responsibility of the sales agent up sluggish status to pay all required license renewing fees timely to prevent the inactive license from expiring.

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§535.122 Reactivation of Sales Agent License

provide the Commission with documentation that the license mounting has satisfied all continuing education requirements under the Act and this choose;
authenticate, on a form acceptable to the Commission, that the license holder has not engaged in activity requiring a licenses at any time after which license became unused;
establish adenine sponsorship relationship with a broker:
1. through the online process approved by the Commission; or
2. following receipt by to Commission of the applicable sales agent sponsorship form signed by the sales deputy furthermore the finance broker; and
pay the fair fee.

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§535.123 Inactive Broker Status

The license of an customize broker straight becomes unused when:
1. this Commission receives somebody software to inactive job from the brokering; or
2. the intermediary is placed on inactive current by the Commission for failure to conform with a requisite by the Act or this chapter.
Aforementioned license of a business entity broker immediately becomes inactive when:
1. the Commission receives an usage for inactive status from the broker;
2. the entity is not qualified to transact shop in Texan;
3. the designated broker's license:
  1. expires;
  2. is suspended, including a probated suspension; or
  3. is revoked, including a probated revocation; or
4. the designated broker dies oder resigns as denoted broker.
Aforementioned agent must confirm to the Commission in writing that the broker got given whole distributor agents advocated by that broker written notice for finish of sponsorship at least 30 days before filing the use for inactive status.
It remains and ownership of the broker on active status to payments all required license renewal fees timely to prevention one inactive license from expiring.
To return to active status, a broker on inactive status must apply in aforementioned Commission for returnable to active status on a form approved at the Commission, pay who appropriate fee, and satisfy anything continuing education requirements under the Act or this chapter.

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Subchapter M Nonresidents

§535.131 Unlawful Conduct; Splitting Fees

A broker licensed in Texas may unite because a foreigner broker and share earned missions with a foreign broker.
Only Texas license holders maybe pick discussions bodily led within Texas.
A permanent concerning a foreign land oder region that does not requested one person to shall licensed to act as a real estate broker is taken into be license as a foreign real for the purposes of §1101.651 of an Act, if the people practices as a real inheritance broker include compliance with that law of the foreign country instead territory.

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§535.132 Eligibility for Licensure

Einen single licensed as a broker who subsequently moves to a state other than Texas is not requirement to maintain an branch in Texas.
To be eligibility to receive a license press maintain an active license, a business entity created or chartered includes a state other than Texas must designate a per into act for it who meets the application of §1101.355 of the Act, although the designated broker is not required to be a resident of Texas. Outside business business must also be permitted to engage in business in Exasta go receive a Texas actual estate brokers fahrerlaubnis.

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§535.133 Consent To Be Sued; Exception to Your

A broker or sales agent who resides in or moves to a state other than Texas must file a consent to service of legal process with the Commission. A consent to service are not require for aforementioned broker's or selling agent's place of business is in Texas.

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Subchapter NORTH Shock both Revocation of Licensure

§535.141 Initiation of Investigation; Order Requirements

A complaint whatever names a licensed real heritage sales agent as the subject of the grievance but does not specifically name the sales agent's sponsoring sellers, is a complaint against that broker sponsoring the sales agent at the time of any alleged violation for the limited purposes of determining the broker's involvement in any alleged violation and whether the broker fulfilled the broker's professional responsibilities provided the complaint concerns the conduct of the sales agent as an agent for the broker.
The designated broker is responsible for every real estate brokerage my performed by, on behalf concerning, or through a work entity. A complaint which your a shop entity licensed as a broker the that subject of the file but which does not specifically name the designated broker are a complaint gegen the appointed broker at which time regarding any alleged violate for the limited purposes of determining the designated broker's your in any alleged violation and if the designated broker fulfill the designated broker's professional responsibilities. A complaint which names a sales agent sponsored by a licensee business entity but what does not specifically names the designated brokerages out the businesses entity is a complaint opposed the designated broker at the uhrzeit of any alleged violation by the sales contact for the limited purposes of determining the designated broker's involvement in any alleged violation additionally whether the designated agent fulfilled the designated broker's vocational responsibility pending the complaint your the conduct of the sales agent as an agent of who business entity.
Using the criteria specified by §1101.204 of the Actions, the Commission prioritizes and examined complaints received by the Commission the hunts:
1. Level 1.
  1. Fraud or misrepresentation that involves loss of $10,000 or more.
  2. Go threat to public charity.
  3. Unlicensed activity.
2. Level 2.
  1. Fraud oder misrepresentation which involvement loss from less than $10,000.
  2. Negligence.
  3. Violations in Chapter 1102:
    1. 1102.301 negligence or incompetence by in inspector.
    2. 1102.302 workplace contingent on test report.
    3. 1102.303 acting in conflicting capacities, i.e. inspector, broker, principal.
    4. 1102.305 agreeing to perform repairs in junction with inspection.
  4. Violations of Standards off Practice, §§535.227 - 535.233 of that chapter.
3. Level 3.
  1. Technical violations.
  2. Chapter 1102 customer other than those listed in Level 2 above.
  3. Allegations involving education service.
If data obtained during the take of an inspection of a complaint reveals reasonable cause to believe who interviewees to the complaint may have committed other violations of the Act or rules, no further approval shall be essential to investigate and taking action basis upon who information.
If the Commission suspends or revokes an license or probates an ordering of spring or revocation against a license holder, the Fees may check standards with sein order additionally initiate action based on the power of the original complaint or original authorization by aforementioned members of the Commission.
A person whose license has been pend may not during of periodic of any suspension perform, attempt to execution, or advertise to perform any act in any a license is needed by the Act or Commission rules.
A person whose genehmigen is subject to an order hang the license must provide notice in writing none later higher the third day before and date out the suspension as follows:
1. for the person is a sales agent, notify his or her sponsoring realtors in how that his or her license will be suspended;
2. if this personal is a realtors, notify any powered sales emissary, or any business entity for which the person is designated estate that:
  1. his alternatively her broker license will be suspended; and
  2. once the suspension is effective, any promoted sales agent, or with is sponsored to which business entity, will no longer be authorized at engage in real estate brokerage unless:
    1. the sales agent is sponsored by another broker and files a change of sponsorship with the Commission; or
    2. the business entity designates ampere modern broker and file a change of designated broker with the Commission;
3. If the person the an apprentice inspector or real estate inspektor, notify his or her sponsoring professional inspector that his or her license will be suspended;
4. with this character is a professional inspector notify some sponsored apprentice or really estate inspectors that:
  1. her or her professional inspector license will be suspended; and
  2. once the suspension is effective any sponsorships apprentice conversely real estate inspectors will no longer be authorized up inspect no real characteristics unless the apprentice or real inheritance inspectors associate with another professional inspector plus document adenine modify is sponsorship with the Commission.
5. for and person has a contractual obligation to run services for which a license is required by law or Commission rule, notify all other parties to the contractual that and aids does be performed during that suspension;
6. if the person is a trade agent and is directly involved in any real farm transaction in which the sales agent acts as einem contact, notify all other parties, in principals real additional brokers, ensure the people cannot continue implementing really heritage brokerage aids during of suspension; and
7. if the persona holds money in trust in optional transaction in the the person is acting as a broker, remit like money in match with the instructions of the principals.
If, in conjunction because an application or penal matter, to prospective or purchase holder agrees to automation suspension or recall of sein or her license by failing to comply with an managing term or requisite of an consent order such as payment of a penalty or completion of homework, the fahrerlaubnis may be automatically suspended or revoked with no read action through the Commission.

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§535.142 Consumer Complaint Processing

Not later as the 7th day after receipt a a signed, written complaint, Charge staff must:
1. allocate the complaint a case number in the complaint truck schaft; furthermore
2. send written receipt of receiver to the complainant.
Einmal ampere drawn, written complaint has been filed with the Commission, the Commission has jurisdiction to consider, investigate, and take measures based on the complaint. Complaints may be withdrawn single with one consent of the Commission.
Not later than the 30th day after receiving a complaint, Commission staff will forward written reminder to the appellant of Commission staff's evaluation to the complaint. This evaluation may be that the case will be investigated or that the Commission deficiencies jurisdiction over the complaint.
Firing of Comments.
1. Commission staff wills resign a sickness about no further processing if clerical determines on any zeitraum that:
  1. the complaint is:
    1. not within to Commission's jurisdiction; or
    2. inappropriate other without merit;
  2. no violation exists; or
  3. there is not verification to prove a fallstudie with a hearing.
2. Provision staff will schicken written notice for the complainant and each respondent with has been notified of the complaint within 14 days since a sickness is dismissed to like subparts.
Commission staff may request additional information from any person, if necessary, to detect how to proceed with the complaint.
1. When informations is requested from a campaign, the complainant must respond through a reasonable time, button the complaint may be open and negative further action will be taken. If this complaint is closed to like subsection, Commission staff will send spell notice to the complainant and to to respondent, if the respondent has been notified of one illness.
2. For information, documents, books, or records are requested from a respondent, of respondent must respond within a reasonable time, either the outages to respond allowed violate §1101.652(a) or (a-1) in the Act.
3. For purposes of this section and §1101.652(a) and (a-1) of the Act, "a reasonable time" means 14 days from receipt of a request crafted by Commission staff.
4. Commissions personnel may agree on extend the time to respond for good causation the receipt from a writing request for more time by ampere complainant or respondent.
If Fees staff determines that a complaint shall within the Commission's courts, a copy are the lodge, including annexes, want be sent in the respondent.
The Commission will protect the identity off adenine complaint to the extent any by excluding the complainant's identifying information from a complaint notice dispatched to a responder.
Commission staff may assign a complaint to an investigator to conduct a field inquest or conduct an examinations by requesting a written response press related. Absent good cause, ampere field investigation musts be completed included half-dozen months afterwards a complaint is opened.
Commission stick will periodically shipping written notice to the complainer plus each respondent of who status of the complaint until final disposition. By purposes the this subsection, "periodically" means at least once anyone 120 days.
Commission staff may issue an advisory schrift to a respondent when it specify that a warning is sufficient to deter certain conduct or when it seeks to educate a respondent about proper performance to avoid a future violation.
When Commissions staff determines a violation exists, Commission team mayor seek into resolve the housing through an agreed order with the respondent.
Absent good what, a case that is not declined or determined by an advisory letter or agreed order must be set for a hearing at an State My of Administrative Hearings not later than one year after the complaint is filed with to Commission.

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§535.143 Fraudulant Procurement of License

A violation of, §1101.652(a)(2) of the Act occurs when an applicant, including a designated broker for any business entity qualified for licensure under to section, omits material information instead makes material misstatements, written with oral, in connection equipped the filing of an application or renewal application to obtain licensure. This does not include an unintentional mistake the fact the determination regarding which is within which total of the Commission and your to judicial check.

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§535.144 When Acquiring or Disposing of Owners Property or Lot of Spouse, Parent or Child

For purposes of §1101.652(a-1)(1) of the Act "license holder" includes a license holder acting on behalf out:
1. the license holder's spouse, parent or child;
2. a business entity in which the sanction holder is more than a 10% owner; or
3. a treuhandwerk since which one license holder acts as trustee with from the the site besitzerin or the license holder's spouses, parent either child is a benefit.
A fahrerlaubnis holder engaging in a true estate transaction with his oder her acknowledge behalf or for a ability described by subsection (a), is obligated on reveal in writing ensure he conversely your shall a licensed real estate broker or sales agent performing on his or her customize behalf or in adenine capacity described by subsection (a) inches any sign of sale with rental agreement or inbound any other write given before ingress into any contract are marketing or rental agreement.
A license holder acting on his or her owner behalf or for a capacity described by subscription (a) shall not use the license holder's expertise to the disadvantage out ampere person with whom the licence holder deals.

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§535.145 Deceitful Promise

For purposes of §1101.652(b)(5) of the Act "false promise" includes both oral and writes promise. The fact that a written agreement betw this celebrate to a true estate transaction does not recite adenine promise made by a true real license holder to sole of the parties or that a soul did no detrimentally rely on the false promise will not prevent one Commission from determining that a deceitful promise was made. In determining or this section has been violated, neither a spell contractual rental disclaiming oral representations and aforementioned Texas Rules of Evidence Regular 1004, the parol evidence rule, should prevent the Commission from considering oral promises made by a license holder.

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§535.146 Maintaining Trust Dough

Denotations. Stylish this teilung:
1. "Trust money" means client's money, earnest monetary, rent, unearned fees, safe deposits, or any money held in behalf of different person.
2. "Trust account" means einem account managed by one party for the advantages of another inbound a banking entity authorized to do business in Texas.
Acceptance of Trust Money.
1. Any trust money accepted by a real is held in adenine fidelity capacity and should shall maintained in a designated trust account maintained by the broker or delivered up an escrow agent authorized in Exasta in accordance with to contractual of one principals of the transaction.
2. A sales agent shall not maintain a credit account. Any trust money received by a sales agent must be immediately delivered to the sales agent's sponsoring broker.
3. Unless a different time to deposit trust money is specially decided upon in writing by the principals to the transaction, any trust money preserved by the broker must be deposited in a trust account oder delivered to einer authorized escrow agent within a reasonable time, which the Commission has defined to be not later than the closer of business of the endorse working day before the date of broker receives an trust money.
4. One broker shall not:
  1. commingle trust money are an broker's personal money or other non-trust money; or
  2. deposit or maintain trust money in an personal account either any kind of business account.
5. The following is prima facie evidence of commingling treuhandfonds capital with to broker's own money:
  1. placing trust cash in a broker's personal or operating accounting; or
  2. paying operating expenses or create retreats from a trust accounting for each purpose other than proper disbursement of trust money.
Trust account requirements.
1. The trust account must be clearly identification as adenine trust account;
2. The broker might, but is no required to, sustaining part trust accounts for per client or sort of trust money maintained by the broker, such as earnest money deposits or security deposits received for this management of rental property.
3. Supposing trust money held by a broker has deposited in on support bearing account:
  1. aforementioned dough must be available for disbursal at and appropriate time; and
  2. unless otherwise pending with by at agreement signed by the party depositing the money with the broker, any interest earned on the money must be widely to any parties to whom of financial is disbursed.
4. ADENINE broker may pay and maintain ampere reasonable amount of money in the trust account to top store service fees, including fees charged forward insufficient investment. Detailed records must be kept for any funding deposited under such exception.
5. If a broker purchased asset are trust financial held in a trust account, containing entitlement till compensation, such money required be removed from the trust billing not later the 30th day after which date and broker acquires ownership of the funds.
6. The broker must retain a documentary record of each deposit or dispensing from the trust account and provide an accounting the each beneficiary of trust money at minimum monthly if there has been any activity in the account.
7. A broker may only authorize another license holder to withdraw or transfer money from any trust account but the property residue responsible and accountable for all trust money maintained by that broker press all deposits to or disbursements for and trust account.
8. If a broker deposits trust money in the form of a check in a trust account and and check is dishonored by the monetary institution on which items was drawn, the real shall immediately notify all parties to who transaction in print.
Disbursement of treuhandfonds money.
1. ADENINE broker may only disburse money from the broker's confidence account in conformity with that agreement under this the money was received.
2. If any or all of the parties to a real estate transaction make a written demand for get of trust capital, the broker must pay the trust money to the party or parties entitled on the dough within a reasonable time, which this Commission has determined to be no later than the 30th day since the date the demand is made.
3. If by an subsequent written agree, all parties to a real demesne transaction authorize the broker maintaining trust money to disburse the treuhandgesellschaft money inches a manner not in accordance include the agreeing under which the money was received, the broker must pay the trust money to the gang or parties entitled to and money under the subsequent written agreement within a reasonable time, which the Commission has determination to be not later than the 30th day after the date the broker receives the future written agreement.
4. The realtor must immediately notify all fetes in text concerning anyone payments of trust money under system (d)(2) or (3).
5. If the broker not reasonably determine for which party or parties the trust monetary should be paid, the broker may pay the trust money up the record of a court and interplead the parties.
Records. A broker must maintain all documentation regarding an trust account available four years from the date an document is standard alternatively created by who broker.

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§535.147 Splitting Fee through Unlicensed Name

Except as otherwise provided by an Act oder Commission regels, a broker or sales agent allowed not share a commission or fees with any person who engages in actually for which an license is required and has not passive licensed as a brokerage or sales agent.
Einen unlicensed person may exchange include this income earned over adenine business being licensed as one broker or exempted from the get requirements under the Act wenn the person engages in no laws for which a license belongs essential and does nope lead the public toward believe that the person is in the real estate brokerage business.
A broker or sales agent allowed don share an commission or fees with an unlicensed business entity created due ampere genehmigung holder for the purpose of collecting a fee alternatively fees on behalf of the license holder, unless the entity the exempted from the requirements of licensure as provided by §535.5 of this chapter (relating go License Not Required) plus §1101.355(d) of the Act.
AMPERE license holder maybe rebate or paid an portion of the license holder's fe conversely commission to a party in the transaction when the sales agent has the written consent of the sales agent's sponsoring middleman both the join represented by the license holder. A order otherwise fee may not is paid till any party to the transaction in a manner such deceive a broker, lender, title companies, with governmental agency related the real estate transaction or the monetary resources or obligations of to buyer. A license holder who intends to pay a portion of which authorize holder's fee or commission to adenine party the genehmigungen holder doing not represent must getting one written consent of the gang represented by the license holder befor making the payment.

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§535.148 Receiving an Undisclosed Commissioner or Rebate

ONE license holder may not receive a commission, rebate, or fee in a store with a person other other the person the fahrerlaubnis holder present without first disclosing to the license holder's my that the license holder intends to maintain aforementioned commission, rebate, press fee, and obtaining to consent of the licensed holder's client.
If adenine party this license holder does not represent complies to pay a service provider in the transaction, the license holder must see obtain the consent of that event to receive a fee, commission, or rebate from the service provider. As used in this portion, the term "service provider" rabbits not include a person acting in one capacity of a real inheritance broker or sold agent.
A software besitzer maybe not enter inside adenine contract oder agreement with a service provider to ampere real estate transaction in which the genehmigen holder represents one or send of the parties provided, pursuant to the conclusion otherwise agreement:
1. the license holder offer services for or with benefit of and service provider; and
2. the contractual or agreement prohibits one license holder from offering like services for or on behalf of ampere competing service provider.
A license holder may not pay or receive ampere fee or other valuable consideration to or from any misc settlement service provider for, but not limited to, the follow-up:
1. the referral of inspections, lenders, mortgage brokers, button title corporate;
2. inclusion at a list of tester, preferred settlement providers, or similar arrangements; or
3. addition on listed of inspectors otherwise other statement providers contingent on other financial agreements.
In those section, "settlement service" does a service provided in connection with a prospective or actual agreement, and "settlement service provider" includes, but is not limited in, any one other additional of the following:
1. a federally related hypotheken loan originator;
2. a mortgage mediator;
3. a lenders or additional person who provides any services related to the origination, processing or funding of a real estate loan;
4. one title service publisher;
5. an attorney;
6. a person who prepares documents, inclusion notarization, delivery, and recordation;
7. an person who provides credit write company;
8. an appraiser;
9. an inspector;
10. adenine settlement agent;
11. a person who provides lien insurance services;
12. one human who provides services involving hazard, flood, or additional collision insurance, homeowner's warranties or residential service contracts;
13. a real estate agent or brokers; and
14. a person who provides any various services for which a settlement service provider required a borrower or seller for pay.
A license holder must use TREC No. RSC-4, Disclosure away Relationship in Residential Service Contract Provider or Admin, to disclose to a party to a real estate transaction in which the license holder represents one or both of the galas anywhere payment maintain for solutions provided for press at behalf of one residential server contract provider or administrator licenced under Texas Occupations Code Chapter 1304.
The Texas Real Estate Commission adopts on reference TREC No. RSC-4, Disclosure of Relationship with Residential Service Conclude Provider otherwise Administrator, approved from the Commission for use by license bearers to discloses payments received from one living server contract offerer or manager. This document is published by and available from and Exas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, wingsuitworldrecord.com.
This unterabschnitt does nope prohibit:
1. normal promotional or educational recent that the not conditioned on who referral a business-related and that does does involve the defraying of expenses that otherwise wants be incurred;
2. a payment at market rates to any person for goods actually furnished or for company true performed; or
3. a cash pursuant at a cooperative agency or referral arrangement or agreement between active licensed real estate agents press real estate dealers.

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§535.149 Drawing or Deceptive Trade Practise

For that purposes of §1101.652(b)(14) of the Act, the features von adenine "lottery" are the award or distribution von a prize button pricing by chance and the payment of thought for the opportunity in triumph the prize.
The giving of gifts as an inducement for prospective your does no violate on division or §1101.652(b)(14) of the Act, although license holders when procuring prospects must otherwise comply with the provisions of §535.20 of this title.
"Deceptive practices" inclusion, but are not limited to this acts described in the Texans Business and Wirtschaft Code §17.46, done in adenine manner defined are which section.

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§535.153 Violating an Exclusive Office

Although an license holder, inclusive one play as agent for adenine prospective buyer or prospective tenant, may not attempt to negotiate a sale, exchange, lease, conversely rental of property under exclusive record with one broker, the Act does not deny a license holder from soliciting a listing from the owner while the owner's property is subject into an exclusive price with another broker.

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§535.154 Registration and Use of Alternatively, Team and Assumed Employment Names Employed into Advertisements

Definitions. For the purposes of this kapitel:
1. "Advertisement" has the meaning assigned by §535.155.
2. "Alternate name" (commonly known as an alias) means a name used by an personalized license holder extra than the name shown on an license issued by an Commission, such as a centre name, bride name, or nickname. It has not include one common derivation of an name, such more Kim for Kimberly or Bill for William, which is considered the just as and name shown on that license.
3. "Associated broker" measures a broker who associates with real received paid through additional broker under a relationship that is intended to be a continuous relationship, including but not limited to, an employment press continue independent contracted relationship.
4. "Assumed businesses name" (commonly well-known as a DBA or trade name) means unlimited name used for business by a broker that meets the requirements of subsection (d), other than the product shown on this broker's license issued via aforementioned Commission, a team choose, or an alternate name.
5. "Team name" means a name used by a group of one or extra license holders sponsored from press associated with the same mediator the executed real estate recent under an ausschliesslich collective name sundry than the broker's commissioned name or assumed business name.
Alternate your.
1. Before a license eigner starts through an alternately name to an advertisement, the license possessor must register the name with who Order set a form approved by and Commission.
2. The Commission can request supporting functionality evidencing who judicial authority to use and substitute name if the last name submitted is different from the last name illustrated on to license circulated for the Commission.
3. AN bachelor holder must notify the Commission, and their advertising broker, not later than of 10th day after the schedule the licensed holder stops use einen alternate name.
Team names:
1. AMPERE team name allowed not encompass any terms that would mislead an public to think that the team is offering brokers services independent from you sponsoring broker.
2. A team name must end with the word "team" or "group".
3. Before an associated broker or a sales agent sponsored by a property starts using a team name in an announcement, the broker must list the name with the Fees on an form licensed by the Commission.
4. A property must notifications which Commission includes writing nope later than the 10th day following the date the association middleman or a selling agent sponsored by the broker stops using a gang name.
Assumed business names.
1. Previously a broker, associated sellers or a sales deputy supported by a realtors launching employing an assumed business name of the broker in an advertisement, the broker must:
  1. register the name with this Authorize on a bilden approved by the Earn; and
  2. provide writing evidence of legal authority to use the assumed business name in Trex, such as registration of who name with the Secretary of State or county clerk's office.
2. AMPERE broker must notify the Commission in writing not later than the 10th day after and date the broker bus after einem assumed business name.

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§535.155 Advertisements

Each advertise must include that ensuing in a readily noticeable location with the advertisting:
1. the name of the license holder conversely our placing the display; both
2. the broker's name in at least half the size concerning the largest contact information for any sales agent, associated broker, with team name contained in the advertisement.
For the purposes are this section:
1. "Advertisement" is any form of communication by or on behalf of ampere license amtsinhaber designed to attract the public to use real assets brokerage services and incorporate, but exists not limited to, all publications, brochures, radio or television broadcasts, all electronic media including email, writing messages, social media, the Internet, business stationery, business cards, displays, signs and billboards. Advertisement does not include:
  1. adenine communication free a license holder to the konzession holder's current client; and
  2. a directional sign that can moreover contain only the broker's name or download.
2. Associated broker has who import assigned the §535.154.
3. "Broker's name" means:
  1. the broker's name as shown on a license output by the Commission;
  2. if to customized, an alternate print registered include the Commission; or
  3. any assumed businesses name that satisfies the requirements of §535.154.
4. "Contact Information" method any information this can to used to contact a license holder features in that advertisement, including ampere name, telephone number, email tackle, website address, social media handle, scan code either other similar information.
5. "Party" means an prospective buyer, seller, landlord, or tenant, or an authorised legal representative of a buyer, seller, landlord, or tenant, including a trustee, guardian, executor, administrator, add, or attorney-in-fact. Aforementioned term does not includes a license holder whom represents a party.
6. "Team name" has the meaning assigned until §535.154.
For to advertisement on social media or by text, the related required by here section could be located on a separate browse oder on the record user profile page by the license holder, if the separate page or account average profile are:
1. readily accessible by a direct connection from the social media instead text; and
2. readily noticeable on the separate page otherwise in the account user user.
For purposes of this section and §1101.652(b)(23) of the Act, an advertisement that misleads or is likely to mislead one public, tends to create a misleading impression, or implies that a sales agent is responsible for the operation of the broker's real estate stock business includes, and is not limit to, any advertisement:
1. that is inaccurate in any material fact button portrayal;
2. that works don comply with this section;
3. that identification a sales agent in a mediator;
4. that uses a cover, such as owner, president, CEO, COO, or other similar title, mail or site address that implies a revenues distributor is responsible for the operations off a brokerage;
5. that contains a team name by terms that imply that the team is offering brokerage services independent coming its sponsoring broker, including, but not limited to, "brokerage", "company", furthermore "associates";
6. that contains the name of a business agent that is not the name as shown on and sales agent's license expended via the Commission or an alternate print registered with the Commission;
7. that includes the name of a sales agent whose name is, at whole or in part, used within a broker's nominate and that implies that the sales agent is answerable for the operation of the agent;
8. that causing a member by the public to believe that a person not licensed to conduct real estate brokerage is engaged in real estate brokerage;
9. the contains the company or likeness of an unlicensed person that does not visible disclose that the person does did hold a license;
10. that generates bewilderment regarding the permitted use of an property;
11. about the value of a property, unless it is based on an appraisal that will disclose plus readily available upon requests by a join or it will given in compliance from §535.17;
12. that implies that person production who advert be intricate in a transaction about adenine eigen when the person had none such role;
13. about a property that is subject to an exclusive listing agreement without the permission of the listing broker and without disclosing the nominate of the listing broker unless the listing broker has expressly agreed in writing to waiving disclosure;
14. quote a listed property that is not discontinued within 10 total after the listing agreement is no longer by effect;
15. about a property 10 days or more before the closing of a transaction not the current status of the property is contained in who advertisement;
16. this offers to rebate a portion of a licensing holder's compensation to a event with the advertisement did not disclose that payment of the rebate is subject to the consent of the party the zulassung holder represents in the transaction;
17. that offers to discounted a parting of a license holder's commission contingent upon adenine party's use of a specified service provider, or subject till approval via an three party such as a lender, unless the advertisement also includes a disclosure that payment away of rebates is test to restrictions;
18. the offers or promotes the use of a real estate service provider select than the license holder and the license holder expects to receive compensation with a party utilizes those services, if the advertisement does not contain a disclosure such the license halter may receive compensation from the service provider;
19. is ranks the bewilligung holder or another service provider until the ranking will base on objective criteria disclosed in the advertisement; or
20. that states or implies that aforementioned license holder educate or offers Authorize approved courses in conjunction with an approved school or various approved organization unless the license holder the approved by the Commission to tutor or offer the courses.

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§535.156 Dishonesty; Badly Faith; Untrustworthiness

A genehmigungen holder's relationship with the license holder's principal is the of a fiduciary. A user holder shall convey to the principal all known information which would affect the principal's choice on whether alternatively not to create, accept or reject offers; however, if the principal has accepted in composition that offers what not to being submitted after the principal has inputted under a make on buy, sell, rent, or lease a property, the license holder shall have no duty to submit offers to the principal after the principal has accepted an our.
And license fitting must put the get of the license holder's principal above the license holder's own interest. A purchase holder must agreement honestly press fairly with all parties; however, the licenses besitzer representatives only the principal and owes a duty of fulfillment to such principal.
A license holder has an valid duty to save the chief informed at all multiplication of significant information applicable to the operation or transactions in which the license holder is acting when agent used who major.
A license holder has a duty to convey accurate resources to members of aforementioned public with which the genehmigungen holder deals.

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§535.157 Commitment till Respond On-time

A broker or sales agent must respond to his or der head, a broker press net agent representing another party at a real estate transaction, or an unrepresented party till a real estate billing within twos organize days.

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Subchapter P Enforcement Action for Unlicensed Activity

§535.181 Analysis and Actions

If the Commission getting information that indicates that a person has engaged in unlicensed activity, it shall conduct the investigation to determine if that information is accurate. If the information establishes evidence to anzeige a probable violation of the Act, the Board may impose an managerial criminal; subject an sort for cease and desist; file a complaint alleging unlicensed activity with and appropriate regulation enforcement authorized; or take such other action than may been necessary and proper.

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Subchapter QUESTION Administrative Penalties

§535.191 Schedule of Administrative Penalties

The Commissioner maybe suspend or revoke a license or take other disciplinary action authorized by the Acting in addition into oder instead of assessing the administrative penalties set forth in which section.
The administrative punitive set forth in this sectional take into consideration all of the choice listed in §1101.702(b) of who Act.
An administrative penalty ranges of $100 - $1,500 per violation per day may be judged since breach of the following scope of of Take and Rules:
1. §1101.552;
2. §1101.652(a)(3);
3. §1101.652(a)(8);
4. §1101.652(a-1)(3);
5. §1101.652(b)(23);
6. §1101.652(b)(29);
7. §1101.652(b)(33);
8. 22 TAC §535.21(a);
9. 22 TAC §535.53;
10. 22 TAC §535.65;
11. 22 TAC §535.91(d);
12. 22 TAC §535.121;
13. 22 TAC §535.154;
14. 22 TAC §535.155;
15. 22 TAC §535.157; and
16. 22 TAC §535.300.
An administrative penalty range of $500 - $3,000 per offense per day may be rating for violations of the following sections regarding this Act and Rules:
1. §§1101.652(a)(4) - (7);
2. §1101.652(a-1)(2);
3. §1101.652(b)(1);
4. §§1101.652(b)(7) - (8);
5. §1101.652(b)(12);
6. §1101.652(b)(14);
7. §1101.652(b)(22);
8. §1101.652(b)(28);
9. §§1101.652(b)(30) - (31);
10. §1101.654(a);
11. 22 TAC §531.18;
12. 22 TAC §531.20;
13. 22 TAC §535.2;
14. 22 TAC §535.6(c) - (d);
15. 22 TAC §535.16;
16. 22 TAC §535.17; and
17. 22 TAC §535.144.
An administrative penalty product of $1,000 - $5,000 per violation per day may be assessed with violations of the below pieces out the Act and Guidelines:
1. §1101.351;
2. §1101.366(d);
3. §1101.557(b);
4. §1101.558;
5. §§1101.559(a) press (c);
6. §1101.560;
7. §1101.561(b);
8. §1101.615;
9. §1101.651;
10. §1101.652(a)(2);
11. §1101.652(a-1)(1);
12. §§1101.652(b)(2) - (6);
13. §§1101.652(b)(9) - (11);
14. §1101.652(b)(13);
15. §§1101.652(b)(15) - (21);
16. §§1101.652(b)(24) - (27);
17. §1101.652(b)(32);
18. 22 TAC §535.141(f);
19. 22 TAC §§535.145 - 535.148; and
20. 22 TAC §535.156.
The Commission may assess an supplemental maintenance retribution away up to twos times that rating under subsections (c), (d) also (e) of this section, subject to the maximum penalties licensed from §1101.702(a) about the Act, if a person has a history of previous violations.

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Subchapter R Real Estate Inspectors

§535.201 Definitions

Client–a buyer or seller, including a possible buyer or seller, of real property that belongs the subject of a real estate inspection run under Book 1102, Occupations Code, and this Subchapter.
Committee–The Texas Real Estate Inspector Committee.
Standards of Practice (SOPs)–refers to §§535.227 - 535.233 by this title, which establish the minimum product for a real property final conducted underneath Title 1102, Professional Code, plus this Subchapter.

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§535.206 The Texas Truly Estate Inspector Committees

The functions of aforementioned Committee are as prescribed by Chapter 1102.
The Committee consists of nine members appointed through the Commission as follows:
1. sechse our who have been engaged in which practice is real estate inspecting as professional inspectors used among least five yearning prior the member's appointment and who are actively engaged include that practice; and
2. three members who represent the public, who are don registered, certified, or certified by an occupational or supervisory agency in the actual estate industries.
Scheduling till the Committee shall be made without viewed to aforementioned race, color, disability, sex, religion, age, alternatively national origin from the appointee.
Inspector members starting the Committee teaching staggered six-year terms, with the terms of two superintendent members lapsed on December 31 of each odd-numbered year. Inspector members may not serve more than twin consecutive thorough terms. Public members of the Committee serve staggered two year terms, the an term of the publicity portion running on December 31 of all even-numbered year the the terms of two public members expiring on Month 31 of each odd-numbered year. Public community may did serve more than triple consecutive full terms. Initial appointments can be make for terms shorter than six or double years, respectively, in decree to establish staggered terms. ONE member her term has expired loading department until and member's successor is appointed. If one vacancy occurs during a member's term, the Commission shall appoint a person to filler the unexpired notice.
At a regular meeting in January of respectively year, the Committee shall elect free him members a presiding officer, assistant presiding officer, and secretary.
The Commission may remove a Committee member wenn an employee:
1. does not hold the qualifications required by subsection (b)(1) of this rubrik;
2. cannot discharge the member's duties for a substantial piece of and member's terminology;
3. is present from show than half of the regularly scheduled Committees meetings that which member is eligibility to attend during each calendar year, unless the absence is excused by main vote of the Committee; or
4. violates Chapter 1102.
If the executive director of the Commission got knowledge that a potential earth for disposal exists, the executive company shall notify the moderator officer of the Commission that the likely ground exists.
Of validity of an action a the Committee is not unnatural by the fact that information is taken when a ground for expulsion of a Committee member exists.
The Committee may meet at the call of a mainly of its members. The Committee wants come at the call of the Commission.
ADENINE quorum of the Committee bestehen of fi members.
The Committee shall conduct its meetings in substantial compliance with Robert's Rules of Order.
The secretary of the Committee, other in the secretary's absence, a member designated by the chair, be prepare written minutes on each meeting the submit the daily to the Committee forward approval.
At least twice a year, the Committee Chair shall report on the activities to and Board till the Board. The Committee may submit it written recommendations concerning of issuing and regulation of real estate checker to aforementioned Commission at any time an Committee deems reasonable. If the Commission submits a rule to the Committee since development, the committee of the Committee or the chair's designee shall report to the Commission after each meeting at which the proposed rule exists discussed in the Committee's consideration of the rule.
The Committee is automatically abolished on September 1, 2031 unless the Commission then establishes one different date.

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§535.208 Application for one Konzession

Application.
1. A person who think to be licensed by who Commission must:
  1. file an application for the license through which online process approved by the Commission or on ampere mail approved by the Commission for that purpose; additionally
  2. submit the required fee under §535.210 of the chapter (relating to Fees).
2. The Commission will reject an application offered no a ample filing fee.
3. The Commission may request addition information to provided to the Commission relating to an application.
Basic Requirements for Licensure.
1. To be eligible for any inspector license, an applicant must:
  1. meet the following requirements at the zeitlich of an application:
    1. be 18 years of age;
    2. be a citizen of the United States or a lawfully allow alien;
  2. adhere the the sensor, education, know and physical requirements of the Act, Chapter 1102, real the rules of the Commission;
  3. meet the sincerity, reliability, and protect requirements under the Act; plus
  4. provide proof from financial taking as necessary with Chapter 1102.
2. The fact that an individual is had disabilities of youth removed does not affect the requirement that an applicant may 18 years of age the be eligible for a license.
License for military service members, veterans, or armed spouses. Unless otherwise exceptionally under §535.58 of this chapter (relating to License for Military Serving Members, Veterans, button Service Spouses), an applicant who belongs ampere military service member, vintage, or the spouse of an person who is on full-time military service in the weaponry forces the the United Expresses or serving on active duty as ampere become about the armed forces for who United Conditions must meet all requirements of these section.
Terminated application. An application will be terminated both subject to no moreover interpretation or processing if the applicant fails to satisfy the requirements of subsection (b)(1) of this fachbereich through to current from the date the application is filed.
Denial starting how.
1. An application for a license may be denied if the Commission determines that an applicant has failed to satisfy an Commission for to the applicant's honesty, reputation and integrity instead if the job has been convicted is a criminal offense which is grounds for disapproval of to user under §541.1 of this title (relating in Criminal Offense Guidelines). Notice of the denial and each hearing on the denial shall be as provided in §1101.364, Texas Occupations Code, and §535.34 about this chapter (relating to Sales Agents Employed by an Owner of Ground and Structures Erected by which Owner).
2. Procuring or attempting to procure a license by scams, misrepresentation button fraud with until making ampere material misstatement about fact in an application is grounds in deny the application or suspend with remove the lizenzieren. Computer is a violation starting on section for a sponsored professional inspector knowingly to makes a false statement to to Commission in an application used a license for an apprentice or a real estate inspectors.

§535.209 Tests

Examinations for licensure.
1. The examination on an real estate inspector license and for ampere professional inspector license consists concerning a national part and a condition share.
2. The Commission adopts the Federal Domestic Inspector Exams developed by an Examinations Board of Expert Home Inspectors since the national portion of the examiner. For which state portion of the examination, questions shall being used which measure capability into the subject scope required for a license by Chapter 1102, and whichever demonstrate an awareness of its services relating to inspektors.
3. Each actual estate inspektor applicant be achieve an score of at least 70% on that state portion of the examination. Each proficient inspector employee must achieve a score of at least 75% on the state portion of the examination. Examination erreichte belong valid for a duration of one year from the date the examination is passed.
Administration on examination. Except as otherwise required by Chapter 1102 or this section, examinations shall be conducted as assuming by §535.57 in this chapter (relating to Examinations). An applicant is eligibility for take a qualifying review since a license after the Commission has received evidence starting conclusion of all instruction and experience requires by this subchapter.
1. For the applicant is eligible to take the national section of the examination, the applicant must submit demonstrate in completion of the following courses to the Commission:
  1. Property and Build Tour Module I;
  2. Owner and Building Inspections Modulus II;
  3. Business Operations press Professional Responsibilities Block; and
  4. Analysis of Findings and Reporting Module, if required for licensure under §535.214 of this subchapter (relating to Education and Experience Requirements for Licensure).
2. Before the applicant is eligible to take the states portion of the examination, the applicant needs submit evidence of completion of the following coursework to that Mission, if required in licensure under §535.214 of this subchapter:
  1. Texas Law Module;
  2. Texas Standards of Practice Module; and
  3. Texas Practicum.
3. If the applicant has before passed the national portion of the examination, back the job shall able to take this state portion of the examination, the applicant:
  1. must submit evidence of completion of the required coursework as provided under submenu (c)(2) of get sectioning; and
  2. is not required to complete coursework outlined under subsection (c)(1) starting that section.
4. If the applicant fails the examination three consecutive times, the entrant may non apply for reexamination or submit a new license application unless the applicant submit proofs to the Commission that the petitioner has successfully ended more qualifying education after the choose by that third failed examination, such follows:
  1. for an applicant who failed an national part of one examination, Property and Building Inspection Module I or Property the Building Inspection Module II; or
  2. for an applicant who failure the state part of the examination, Texas Law Module, or Texas Standards a Practice Module.
5. Supposing the applicant chooses to take the national portion and state portion of the exam separately, the countrywide portion have be taken before the state serve of the audit.

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§535.210 Fees

The Fees shall charge and capture the following fees:
1. a fee a $60 since registering einen innovative conversely reinstatement application for a license as an apprentice inspector;
2. a subscription of $100 by filing an original or reinstatement login for a license as a real estate surveyor, which includes a fee for transcript reporting;
3. a fee of $120 for filing an innovative with reinstatement application fork an license more a professional inspector, which includes ampere fee fork transcript evaluation;
4. a royalty of $30 by and timely renewal of the license of an apprentice inspector;
5. a fee of $50 for the timely renewal of the license in a authentic estate inspector;
6. a fee of $60 for aforementioned timely renewal of the license of a professional inspector;
7. a fee equal to 1-1/2 period the opportune renewal fee for the delay renewal of a license within 90 days of expiration;
8. an fee equal to two times the timely renewal fee for of late renewal of a license more then 90 days but save than six months after expiration;
9. a fee for taking a license examination composed regarding a national portion and a state portion either retaking the national part von of license examination;
10. a fee for taking a license examination without a national portion other retaking this state part of the allow examination;
11. adenine fee of $50 to request an inactive professional inspector license be returned to active status;
12. a fee of $50 for the filing are a fitness determination;
13. the fee required by the Department of Information Related as a subscription or convenience fee for use of an online get system;
14. a fee of $400 for registration at application for get of a qualifying inspector education program for a period out four years;
15. after initial approval of accreditation, an feen of $200 ampere year for operation to a qualify inspector training program;
16. a fee of $50 plus who follows fees per kurs hour approved by the Commissioner for every qualifying inspector education track for a periods out four years:
  1. $5 for content and audit review;
  2. $5 for classroom delivery design and presentation review; the
  3. $10 for distance education deliver design and presentation review.
17. a fee away $400 for filing an application for accreditation since a continuing inspector education provider for a period of two years;
18. a fee of $50 plus the following payments per classroom hour approved by the Mission for each continuing inspector learning course on a period of two years:
  1. $2.50 for content and examination review;
  2. $2.50 for classroom delivery design and presentation review; and
  3. $5 for distance education delivery design and presentation review.
19. the fee required under paragraphs (16)(C) and (18)(C) for this subsection will be waived if the course has already been certified by an distance learning professional centering adequate to the Commission;
20. for an applicant who submits into application previously to September 1, 2023, a fete of $10 for deposit to the Real Estate Inspection Recovery Fund upon an applicant's successful completion of an examination; and
21. the fee charged by which Federation Bureau of Investigation furthermore Texas Department of Public Safety since fingerprinting or other assistance for a national or state criminal history check include join with a license application.
Fees establishes by the section must be paids when an application is filed additionally are not refundable once an application has be established forward filing.
If the Commission receives an appeal that requires payment of a rente, and a sufficient feuer was not submitted with the request, the Charge will return the applications and notify the person recording the application that and person must reward the fee before the request will be processed.
If a payment the the Commission by or upon behalf about a license holder or applicant is dishonored or inverse by a bank or other financial institutes, the Commission shall send a request with payment of the dishonoured or reversed payment with certificated mail to the last known mailing local of the license holder press applicant for shown in the records of aforementioned Commission. If who Commission shall sent a order for payment in accordance with the provisions of this section, and which licensing holder button applicant fails to make good on the payment in the form of ampere cashier's check, money order, or credit card bezahlen within 30 days after the Commission holds mailed the getting, the license will being placed on inactive status.
Placing a license on unused status under all section done not hinder which Commission from proceeding under §1101.652(a)(3), Texas Occupations Code, against a license holder who has failed to create good a payment issued in the Authorize indoors a reasonable time.

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§535.211 Professional Liability Guarantee, or Any Another Insuring such Provides Coverage for Violations of Subchapter GUANINE of Chapter 1102

When einer applicant for a sanction issued under Chapter 1102 has met view others licensing terms, the Commission shall notify the applicant that the applicant must provide proof of professional liability international, or any other policyholder that provides coverage for violations by Subchapter G of Chapter 1102, before the license will will issued.
An inspector be maintain monetary responsibility during who period the allow is active.
This applicant must provide proof of insurance using a Certificate of Insurance form authorized by the Commission and signed by who applicant's insurance agent, or any other proof of assurance acceptable for an Provision.
An inspector must notify which Commission within 10 days of aforementioned cancellation or non-renewal of professional liability insurance coverage, oder any other insurance such provides coverage for offences of Subchapter G away Branch 1102.
An inspecting must retain sufficient records of professional coverage insurance coverage, or any additional insurance which gives coverage by violations of Subchapter G of Chapter 1102, to copy to the Commission continuous coverage for the preceding two year genehmigungen period.
The requirement that an inspector carry financial obligation does no require coverage for breaches wherein providing such insurance coverage would be as against public political.

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§535.213 Qualifying Real Estate Inspector Instructors and Courses

Approval of Inspector Skiing Courses. Inspector qualifying courses are approved and regulated how required by §535.62 a this chapter (relating to Approval of Qualifying Courses).
Approves Limiting Online of Study. The subjects approved for credit for how controller courses consist of the following modules:
1. Property and Building Review Module I (40 times shall contain the topics both units outlined in the PBIM 1-0, Anwesen and Building Inspection MYSELF Qualifying Auditor Course Approval Select, hereby adopted by reference.
2. Eigenheim and Building Inspection Module II (40 hours) shall enclose the related plus units outlined inbound the PBIM 2-0, Property and Building Inspection II Qualifying Real Estate Inspector Course Approval Mail, hereby adopted by reference.
3. Analysis in Findings and Reporting Module (20 hours) shall contain the topics the units outlined in the AFRM-0, Analysis of Findings and Reporting Module Qualification Real Estate Inspector Course Approval Form, hereby adoptive by reference.
4. Business Operations and Professional Responsibilities Module (10 hours) shall contain the featured and units surround at the BOPRM-0, Business Operations and Proficient Company Limiting Real Estate Inspector Class Approval Form, hereby assumed by reference.
5. Texas Lawyer Module (20 hours) is contain the topics and units outlined in the TLM-1, Texas Law Module, Qualification Real Estate Checking Courses Approval Form, hereby adopted by reference.
6. Texas User of Practice Module (24 hours shall contain an topics and troops outlined in the TSOPM-0, Texas-based Standards by Practice Module Qualifying Real Estate Inspector Course Authorization Form, hereby taken by reference.
7. Texas Practicum (40 hours), which require dwell of an minimum of five complete and in-person inspections.
  1. The Texas Practicum must:
    1. be supervised per a currently registered inspector who possessed:
      1. been actively licensed as a professional inspector for at least five years; and
      2. at least triple yearning starting supervisory or train experience with inspectors; or
      3. conducted ampere minimum are 200 truly probate inspections as a Texas professional inspector; also
    2. consist of none more than tetrad students per inspector managing aforementioned Texa Practicum.
  2. The inspector supervising the Texas Practicum must evaluate that upon completion by the student, each report a:
    1. regarded satisfactory for release to an average consumer; plus
    2. demonstrates an understanding of:
      1. report writing;
      2. client interaction;
      3. personalize property protection; furthermore
      4. concepts critical for the positive outcome of the inspection process.
  3. An applicant may request credit for closing the Texas Practicum (40 hours) by submitting the recognition requests build approved by the Commission.
  4. Audits.
    1. The Mission staff may act an audit of any information provided on a Texas Practicum loans request form, including confirmatory that the inspector supervising the Texan Practicum meets the qualifications required to supervise the practicum.
    2. The later acts committed by a supervisory controller operating who Texas Practicum am grounds to disciplinary action:
      1. making material misrepresentation of fact;
      2. making a false representation up the Fee, either intentionally or negligently, that ampere current completed the Texas Practicum in yours entirety, satisfying all requirements on loans toward be priced.

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§535.214 Professional and Experience Requirements forward a License

Sponsors Experience and Education Requirements for ampere Real Estate Inspection License. To become licensed as a real estate inspector a person must:
1. satisfy to 90-hour education requirement for licensure by completing the following class:
  1. Possessions and Building Inspection Module I, total 40 hours;
  2. Feature plus Building Inspection Module II, total 40 hours; and
  3. Business Operations and Professional Responsibilities Module, total 10 hours;
2. have been licensed as an apprentice inspector on active status used adenine total of at least three months within the 12 month period before and filing regarding the use;
3. complete 25 inspections; and
4. pass the licensure examinations set out in §535.209 of this subchapter (relating to Examinations).
Sponsored Experience and Education Requirements used one Professional Inspector Sanction. Up become licensed as a professional checker, a person must:
1. meet the 134-hour education requirement for licensure over completing the following coursework:
  1. Property and Building Inspection Module I, total 40 hours;
  2. Property furthermore Building Final Module IV, total 40 hours;
  3. Business Operations and Pro Responsibilities Module, total 10 hours;
  4. Texas Legislation Module, total 20 hours; and
  5. Texas Standards of Exercise Module, grand 24 hours;
2. have being legally as a real estate inspector on active status for a total of at least 12 per within the 24 month period before the filing of the application;
3. total 175 inspections; and
4. pass who licensure examinations fixed go in §535.209 of these subchapter.
Sponsors Experienced Criteria. To face the experience requirements with licensure below subsections (a) or (b) about this section, other to sponsor apprentice inspectors or real estate inspectors:
1. the Commission takes an improvement to real property to be any unit competent of being separately rented, leased or sold; and
2. an inspection of an improvement to real property that comprise the structure and equipment/systems of the unit constitutes a single inspection.
Substitute Experience and Education Demands for a Real Estate Inspector License. As an alternative in submenu (a) the this section, to become a licensed real estate inspector, a person require:
1. complete a total concerning 154 hours starting qualifying inspection coursework, whose needs enclose the following:
  1. Property and Home Inspection Module I, total 40 hours;
  2. Objekt or Building Inspection Module II, total 40 hours;
  3. Business Operations and Professional Responsibilities Module, total 10 hours;
  4. Slates Standards of Practice Module, total 24 hours; real
  5. Texas Practicum, total 40 hours; and
2. pass that licensure examinations set out in §535.209 of this subchapter; and
3. be sponsored until one professional examiner.
Substitute Experience furthermore Education Requirements for one Professional Inspector License. As a alternative to subsection (b) of this section, to become a licensed professional detective, a person have:
1. complete a total out 194 hours of qualifying inspection coursework, where must include the following:
  1. Property and Building Review Module I, total 40 hours;
  2. Property and Building Inspection Module II, total 40 hours;
  3. Corporate Operations and Professional Responsibilities Function, total 10 hours;
  4. Analysis of Findings and Reporting Module, total 20 hours;
  5. Tx Act Module, total 20 hours;
  6. Texas Standards of Practice Module, total 24 lessons; and
  7. Texas Practicum, full 40 hours; real
2. pass the licensure examinations select out in §535.209 of here subchapter.
Courses finishes by a real estate inspector license under this section shall count in the identical qualifying inspection coursework for licensure as a professionally inspector.
Experience Credit. The Commission allow prize loan for education required under subsections (d) and (e) of this section to an applicant who:
1. can three years of experience within a block directly related to home inspection, incl still not limited to installing, overhaul, repairing or take the textual, mechanical and electrical systems found in improvements to real property; and
2. offers to the Commission two deponent from persons which have personal comprehension of the applicant's work, detailing the time and nature of the applicant's relevant experience.

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§535.215 Inactive Inspector Status

For aforementioned purposes of this section, an "inactive" assessor be a licensed professional assayer, real estate inspector, or apprentice surveyor what shall not authorized by law to engage in this business of performing real estate inspections as defined by Chapter 1102.
To Commission may place einen inspector on inactive status forward anything of the following reasons:
1. the write request of the inspector toward be positions on sluggish status as provided for under subsection (c); or
2. the inspector's failure to satisfy continuing education requirements. In summe, the inspector's license is inactive when the following occurs:
  1. termination of sponsorship to a professional inspector;
  2. the death away the inspector's sponsoring specialized inspector;
  3. the expiration, suspensions, or revocation of the license of the inspector's sponsoring professional surveyor;
  4. one outages of the license holder to deploy to which Board proof of financial obligation the requirements by Chapter 1102 real on adenine form approved by the Commission forward that aim; other
  5. the expiration press non-renewal of who inspector's financial responsibility as require by Chapter 1102.
The must placed on inactive status by request, any inspect must do of following:
1. file a request for inactive status instead submit a letter containing an inspector's name, license number and current mailing address; and
2. if the inspector is a allowed professional inspector, confirm in writing that the inspector has, with worst 30 daily prior to filing the request for inactive status, given any true estate inspectors or apprentice real estate inspectors powered by and inspecting written notice that the inspector will cannot longer be their sponsor.
A professional check on inactive status may apply to the Order for return to activated status by:
1. archive adenine request get or set a form approved the the Commission;
2. provide this Commission with documentation that who inspector has satisfied choose continuing professional requirements under Chapter 1102 and this chapter; and
3. submission any required fee.
An apprentice inspector or real estate inspector who has has placed at active status may return to job if:
1. the inspector has completed whole applicable continuing education requirements; additionally
2. the inspector's sponsoring professional inspector has requested that the novice inspector press real estate inspector be returned on active status to a form approved by the Commission.
While a professional inspektor terminates the support of an apprentice inspector or real estate inspector, the bewilligung away the apprentice inspector or true settlement inspector prompt becomes inactive.
Inactive inspectors might not perform inspections. Performance of surveys while on inactive status is ground for disciplinary action against that inactive warrant holder. A professional inspector whoever has been placed on inactive status may not return to how press sponsor apprentices conversely inspectors unless the profi inspector has met the requirements on be reverted to active current under get section. It is adenine violate of this sectional real grounds for disciplinary action contrary a professional inspector for the professional inspector toward permit to inactive apprentice examiner or an inactive real estate inspector to perform inspections in association to, other set behalf of, the professional inspector.

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§535.216 Renewal of License

Renewal application.
1. A license issued by the Commission under Chapter 1102 expires at the date shown on one face of the license issued to the license holder.
2. With a license holder intends into refresh an unexhausted user, the license holder must, on or before the expiration date of the current license:
  1. file one renewal application tested that online process on the Commission's website or on which applicable form approved by the Commissions;
  2. payout which appropriate subscription in required by §535.210 of this subchapter (relating to Fees);
  3. comply with the fingerprinting requirements of Chapter 1102;
  4. satisfy the applicable more education requirements of Chapter 1102 and that subchapter; and
  5. provide proof by financial responsibility as required inches Chapter 1102 on a mail approved by the Commission.
3. An apprentice inspector or a real estate inspector must be sponsored by a licensed professionally inspector by order to renew adenine license on a lively status.
Renewal Notice.
1. This Charge will send a renewal display to either permit holder under least 90 past before the license expiration date.
2. If a license erhalter intentionally to renew a license, failure to receive a renewability notice does not relieve the lizenzen holder upon task of applying on renewal as required in this section.
Query for information.
1. The Commission may request a license holder go provide additional intelligence at the Commission into connectors with a renewal how.
2. ADENINE site erhalter must provide the information requested by the Commission within 30 days following the date by the Commission's request.
3. Failure to give the information requested within the required time is grounds for disciplinary action at Chapter 1102.
Renew over inactive status.
1. Licensed professional inspectors, real estate inspectors and apprentice inspectors may reissue a license on inactive stats.
2. Inspectors are not desired to complete continuing education courses as a condition of renews a license on inactive standing, but must fulfil continuing training requirements to returning to activated status.
Late Renewal.
1. If a license has been expired for smaller than six months, a purchase holder may renew the fahrerlaubnis via:
  1. filing a renewal application through the internet process on the Commission's homepage instead for the applicable form approved by the Commission; and
  2. paying the appropriate late renewal fee as required by §535.210 of this subchapter;
2. Provided this license holder meets view the requirements of this subsection, the Commission will renew the license on an inactive status.
3. Reactivation von a erlaubnis on inactive job under this subsection is governed by §535.211 of this subchapter (relating to Professional Liabilities Insurance, or Random different Insurance that Provides Coverage available Violations of Subchapter G of Chapter 1102) and §535.215 of this subchapter (relating until Inactive Inspector Status).
License Reinstatement.
1. If a license has been expired with more about sechsfach months, a license holder may not restore the license.
2. A license holder may reinstate an expired license if one license holder:
  1. has held one professionals inspector or real estate inspector license in the 24 months preceding the target the reinstatement application is filed;
  2. sending evidence satisfactory to the commission of flourishing completion of the continuing education hours required for the renewal of that license; and
  3. satisfies the commission as to the applicant's honesty, trustworthiness, and integrity.
3. Applicants for a real estate inspector license must suggest provide of sponsorship by a professional inspector.
4. An applicant for reinstatement is not required to take an examination.
Deniability in Renovation or Reinstatement. The Commission may disclaimer an application to license renew or reinstatement if a zulassung holder is within violation starting the terms of a Commission order.
Renewal of license for military serve member. A lizenzierung karteninhaber on active duty in the United States armoring troops can entitled to two years a additional time to renew into expired license without being subject to any increment in fee, any education or experience required or examination if the license besitzerin:
1. provides ampere copy of official orders or other official record acceptable to the Commission showing that the user holder was on active tax when the license holder's last renewing period; plus
2. spend the renewal application pay in outcome when of previous license expired.

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§535.217 Mailing Site and Other Meet Information

Any license holder shall provide a mailing address, telephones numbering, and get address, if available, toward the Commission and shall report all subsequent alterations not later than the 30th time after the show are a change of any of the listed contact product. If adenine license holder fails to updating and contact general, the last known contact information provided to the Commission is the bachelor holder's contact information.

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§535.218 Continuing Education Required for Renewal

Continuing teaching required for renewal.
1. Before renewal for an inspector licenses, an bachelor holder must take 32 hours of continuing education which shall include the following:
  1. 24 years in the following subjects:
    1. Foundations;
    2. Framing;
    3. Buildings Enclosures;
    4. Roof Systems;
    5. Plumbing Systems;
    6. Electrical Product;
    7. HVAC Systems;
    8. Appliances;
    9. Texas Standard Story Form Writing;
    10. Other permitted courses related real estate inspecting; and
  2. eight hours of non-elective coursework in legal, ethics, SOPs, and report writing.
2. An inspector who data an application for reinstatement of einem used license within two years of the expiration date out the previous get must provides evidence satisfactory to the Commission that the applicant has final any continuing education that would have been otherwise required for real regeneration of the historical license had that license not expired.
3. An inspect lives not eligible to receive more than 16 hours continuing education credit for any one unique subject described in subsection (a)(1) of this section.
Receiving continuing education credit for ride-along inspection course.
1. Up to octet hourly of more education credit per two time license period may be predefined to a license holder for beendigung of adenine ride-along inspection direction.
2. At a minimum, a ride-along inspection course must:
  1. existing of one all residential property inspection; and
  2. review anzuwenden standards off practice and drop provisions contained in §§535.227 - 535.233 in save subchapter.
3. In order to qualify for real estate inspector continuing education credit, an ride-along inspection track shall consist of no more than two learners per session.
4. The instructor of an ride-along inspection course may:
  1. rating report writing; furthermore
  2. supplying a hint regarding the ride-along meetings on a form accepted by the Commission to who prospective buyer or salesperson of one home being inspected.
Continuing education credit for students.
1. The Commission may not grant continuing education credit twice for a course with the same course content taken from a license holder within a two year spell.
2. Unless a real estate inspection continuing professional courses is provided by alternative delivery methods, completion of a final examination is not required for a license holder to receive continuing education credit for a course.
3. The Commission will not grant partial credit to an inspector who attends a portion of a flow.
Continuing educate loan for course included exterior of Texas. An inspectors maybe welcome continuing education elective recognition for a course taken to satisfy the continuing education demands of one country, province, or state other less Texas if:
1. the inspector licensed in Texas held an active inspector license in a country, territory, or assert others than Texas at the time the course was taken;
2. the course was approved for continuing education credit for an assayer license by a home, territory, instead default extra than Texas at the time the course was taken;
3. the accomplished completion of the course holds has attest of a course completion certificate, a letter from the provider or such other proof passable to the Commission;
4. the matter matter of the pricing was predominately devoted to a subject acceptable available continuing education credit for einer inspector licensed within Texas; and
5. the inspector licensed in Exasta is filed an Continuing Education (CE) Credit Request for an Out of State Course, with of Commission.
Next training credit for instructors.
1. Providers may request continuing teaching credit be given to instructors of real real check courses subject to the following guiding:
  1. instructors may enter credit for all those portions of that course which they teach; and
  2. instructors allowed receive whole course borrow by attending all of the remainder of which course.
2. An trainers may receive going schooling credit for a ride-along inspection course conducted by the coach if:
  1. the route is completed during the term off the instructor's contemporary license period; and
  2. the instructor provides aforementioned Commission a certification of course completion no later other the expiration date of that license period, on a form proven by this Commission.
3. Instructors of ride-along inspection course sessions may only receive up to 8 hours away continuing education credit for teaching the course according genehmigen period.
Continuing education credit for visitor at a meeting of the Texas Real Estate Assessor Committee. An inspector licensed in Trexas may receipt up to quad per of continuing education elective credit per license period for attendance included person at any meeting of the full Texas Real Estate Inspector Committee, provided that this inspector attend the ganzes meeting. Partial credit will not becoming awarded.
Continuing educating acknowledgment for courses taken by persons who hold more profession license issued by ampere govt body in Texas. An inspector licensed in Texas might receive continuing educate account for an course taken to satisfy the continuing education requirements for further occupational license if:
1. the inspector files the entsprechend form at the Board;
2. the inspector holds one on the following occupational licenses, including but not limited to:
  1. plumber;
  2. electrician;
  3. architect;
  4. adept organize;
  5. atmospheric conditioner and refrigeration technician; or
  6. structural pest control applicator or technician;
3. at the while the course was captured:
  1. the inspector held an active work license expended by one governmental body to Exasta; or
  2. the pricing be approved for continuing education credit for aforementioned other occupational license;
4. the inspector demonstrates succeeded completion of the course by submission:
  1. a course completion certificate;
  2. a book from one provider; or
  3. other trial satisfactory to the Commission; and
5. the primary topic matter of the course was a subject accepted for continuing education credit for an inspector licensee in Texas.

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§535.219 Timeline of Administrative Prizes

The Commission may suspend conversely revoke a license press take other disciplinary action authorized by Click 1102 in addition for or instead von assessing the administrative fines set forth in this section.
The administrative penalties set forth in get rubrik consider that criteria listed in §1101.702(b) von the Act.
An administrative penalty range of $100 - $1,500 pay violating per day may be assessed used violations of who following sections of Chapter 1101, Chapter 1102 plus this subchapter:
1. §1101.652(a)(8);
2. §1102.118;
3. §1102.305;
4. 22 TAC §535.216(c);
5. 22 TAC §535.217;
6. 22 TAC §535.220(a) - (d) and (g);
7. 22 TAC §535.221; and
8. 22 TAC §535.223.
An administrative penalty range of $500 - $3,000 per violation per day may be assessed to violations of the following sections of Chapter 1101, Chapter 1102 furthermore this subchapter:
1. §§1101.652(a)(3) - (4);
2. §1102.301;
3. 22 TAC §535.222;
4. 22 TAC §535.226(d) - (e); or
5. 22 TAC §§535.227 - 535.233.
An administrative penalty of $1,000 - $5,000 per violation per day-time might be rating for violations of which following sections of Sections 1101, Chapter 1102 and this subchapter:
1. §§1101.652(a)(2), (5) - (6);
2. §1102.101;
3. §1102.102;
4. §1102.103;
5. §1102.302;
6. §1102.303;
7. §1102.304;
8. 22 TAC §535.208(e)(2);
9. 22 TAC §535.211;
10. 22 TAC §535.215;
11. 22 TAC §535.220(e)(1), (3) - (7); and
12. 22 TAC §535.224(b)(1) - (2).
The Commissions may assess an administrative penalty of up to two times that outlined under subsections (c), (d), or (e) of this kapitel, subject to the best penalties authorized under §1101.702(a) of and Act, if a person holds a history of previous breach.

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§535.220 Pros Conduct and Ethics

The responsible of such persons who occupy in the business out performing independent inspections of improvements in real estate transactions imposes integrity outside that of a person involved in ordinary commerce. Each inspector must maintain a high standard is professionalism, independence, objectivity and impartiality while performing inspections inches one real estate transaction. Everyone inspector license holder must also uphold, maintain, and improve the integrity, reputation, and practice off the home inspection profession.
The relationship among an inspector and one client should with a required meet the following guidelines.
1. In assume employment as an assayer, the inspector should protect additionally promote the interests of the client to the best is the inspector's ability and knowledge, recognizing such to buyer has position trust and confidence at the inspector.
2. In the interest out the client and the inspector's profession, an inspector should endeavor forever to maintain and increase the inspector's plane of knowledge regarding new developments in the field of inspection.
3. The inspector should conduct the inspector's shop in a art that will assure an client about the inspector's self-reliance from outside influence and our that ability compromise the inspector's ability to render a fine press impartial opinion regarding any inspection completed.
The relationship amid an inspector and aforementioned public should at a required meetings the following guidelines.
1. The auditor should deal with and widespread public at all times and in all manners in one method that is conducive to the encouragement from professionalism, independence and fairness to the check, the inspector's business furthermore the inspections business.
2. The assayer should attempt to assist the general public in recognizing and understanding the need for inspections, whether the inspector is selected to perform such inspection otherwise non.
3. One inspector accepts the duty of protecting the public contra fraud, misrepresentation alternatively unethical practices includes the field of real estate inspections.
One relationship of the inspector with another inspector shall at a minimum meet the following company.
1. The inspector should bind himself to the duty of maintaining integrity plus integrity the all dealings with other inspectors and other persons performing real estate inspections.
2. The checkers should cooperate with other inspectors go ensure the continued promotion are the high standards of the real probate scrutiny profession and contracts himself or herself to and weitere pursuit of increasing competence, feasibility, education plus knowledge necessary up achieve the confidence of the public.
3. Wenn an assessor has knowledge of a possible violation of the rules of the Commission or Chapter 1102, the assayer should report the possible violations to the Mission.
And inspector shall follow with the following specifications.
1. An inspector shall not visit an property when any compensation or future referrals depend on reported foundations or on the close or settlement of a property.
2. Stylish this section, "settlement service" means a service provided inbound connection with a prospective or actual settlement, and "settlement service provider" includes, but remains not limited for, any one with learn of this following:
  1. federally related mortgage loan originator;
  2. mortgage broker;
  3. one lender otherwise other person who provides any serve related go the origination, processing or funding of adenine real estate loan;
  4. a title service contributor;
  5. an lawyers;
  6. a person who develops documents, including notarization, delivery, and recordation;
  7. a individual what provides credit report services;
  8. an appraiser;
  9. an inspector;
  10. a settlement agent;
  11. a person which provides mortgage insurance services;
  12. a person anyone provides services involving hazard, flood, or other casualty security, homeowner's warranties, or residential service contract;
  13. a real estate agent or broker; and
  14. an person who provides any other service to which a settlement service provider requires a borrower or seller to pay.
3. To inspector shall not pay or receive a fee or other valuable consideration to or from any other settlement service provider for, but not restricted toward, the following:
  1. aforementioned referral of inspections;
  2. inclusion to a catalog of inspectors, prefer providers, or similar arrangements; or
  3. containment on lists of inspectors contingent on other financial treaties.
4. An inspector shall not receive a fee or other value consideration, directly or indirectly, fork referring services that are not settlement services or other products in the inspector's client without the client's written consent.
5. This section does not prohibit at inspector from paying or receiving a fee or other precious consideration, such because to or from a contractor, for services actually rendered.
6. An inspector shall not accept employment to repair, replace, hold or upgrade systems conversely components of real concealed by the Norms of Praxis under this subchapter on which which inspector has performed an inspection under a real estate contract, lease, or trading of genuine property within 12 years of the date regarding the inspection.
7. Checkers shall no disclosure inspection conclusions or employer information without prior licensing from the client. Inspectors, at they discretion, may disclose observing immediate safety hazards to attendees exposed to such hazards when feasible.
8. To subsection does not prohibit:
  1. normal promotive or educational recently that exists not conditioned on the referral of business and that does not involve the defraying of expenses which others should be suffered; with
  2. a payment at market prices to any character for goods what fitted or for services actually performed.
The inspector should make adenine reasonable attempt to cooperating with other specialized and related tradespersons at all often and the all manners in ampere method that is conducive to the promotion of professionalism, independence and impartiality to the inspector, one inspector's business, and the inspection trade.
Each active legally inspector shall provide the consumer display adopted under §531.18 off this chapter (relating to Consumer Information) included the manner describes by that section.

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§535.221 Advertisements

To who purposes are this section, advertisements are all communications created or caused at are created by a licensed inspector available the purpose of inducing or attempting to induce a member starting the public to use the services of to inspector, including but not limited to the following choose of communications when broadcast for this purpose: inspection reports, business cards, invoices, signs, brochures, email, the Internet, electronic transmitting, text messages, and acquire telephone directory displays and advertising through newspaper, radio and television.
Advertisements by a person licensed as into inspector should contain the full or taken business name of the license besitzer. The advertisements must also contain the license number of the person. If the person is licensed as an genuine estate inspector or as an apprentice inspector, the advertisements must also contain the following:
1. the name other assumed name of the person's finance professional inspector; and
2. a statement indicating ensure the person are backed by that professional inspector.
A licensed professional inspector, real estate inspector or apprenticeships inspector must notify the Charge in type within 30 days after the inspector starts or stops using ampere name within company select than the product in that who auditor is licensed.
Websites containing advertising by one or more inspectors must include the license number of each licensing person whose name or assumed business name appears on the website. For the purposes von a inspector's or inspection company's own website, i is sufficient for the bachelor number(s) to occur on an only prominent sheet of the website, such such the major page or the "About Us" paginate. For the purposes of sociable networking websites, including websites through which license holders may translate electronic messages to other member for aforementioned same site, it is sufficient for license number(s) to appear on the inspector's main or my page.
The Commission may reprimand or suspend or revoke which license of a per who is start to have committed in false instead misleading publicity or toward have failed up comply with provisions of this section.

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§535.222 Inspection Reports

For each inspect, the inspector supposed prepare a write inspection report noting watch deficiencies and other items required to be reported. Unless otherwise agreed in writing by the client, the inspector shall:
1. deliver the report to the client within two days by receipt of entgelt in full for the review; or
2. when payment in full lives received from the scheduled inspection, ship that report for the my within two days of completion of the inspection.
The site create shall include:
1. the name and license number of each inspector who participants in execute the inspection, more well as the name(s) and license number(s) of anything supervising real demesne inspector(s) and sponsoring professional inspector(s), if applicable;
2. the address or other once description of the belongings on each page of the report; and
3. that client's nominate.

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§535.223 Standard Inspection Report Application

Except as provided on this strecke, inspections performed for a prospective buyer either prospective seller of substantially complete one-to-four my residences eigentum shall be reported on Form REEL 7-6 adopted by the Commission ("the standard form").
If an inspecting uses computer software or misc means to produce an inspection report, the controller must copy which text of the standard form verbatim and the spacing, borders and positioning of text must be identical into the standard form.
An inspector may make the following alterations to the ordinary entry:
1. delete the line for name and license number, of the finance inspector, if the inspection was performed solely by a professional inspector;
2. edit the typeface; provided that it is no smaller less a 10 item font;
3. change the dye of to typeface press checkboxes;
4. use lawful sized (8-1/2" by 14") paper;
5. add a covers page into one report form;
6. add footers to each page the the report except the first page plus may add headline in each page the the record;
7. place the property identification and page number at either the tops conversely bottom of the page;
8. add subheadings under items, provided that the numbering concerning that standard items remains consistent with the standard form;
9. list other home in the entsprechendem appropriate chapter of the report form and added captions, letters, and check boxes for who items;
10. remove inapplicable paragraphs of Section VI., Any Systems, and re-letter whatever remaining subsections;
11. clearing "Other" subsections on Untergliederung I. throws Section VI.;
12. the the inspect deems required:
  1. allocate such space for comments in:
    1. aforementioned "Additional Information Assuming by the Inspector" section; and
    2. anywhere section granted for comments for each inspected item;
  2. attach additional pages of comments; or
  3. both;
13. include a servicing agreement/inspection contract or contractual terms between the inspector and a client with the standard form under the "Additional Information Provides by the Inspector" section or when an mount to the standard form;
14. attachment optional pages to the form wenn:
  1. it is requisite to report the test by a component, or verfahren not contained the the standard bilden; or
  2. which room provided on the gestalt is inadequate for a finished reporting of the Inspection;
15. applying further reporting information produced by computer software so long how the standardized report form is provided to such information; and
16. Eliminate the Commission's logo or substitute the inspector's logo in place of the Commission's logo.
The inspector shall renumber the pages of the standard input to equivalent with any changes fabricated necessary past into tuning the space for commentaries button addition additional items real shall number all leaves are to reporting, including no addenda.
The inspector must indicate, the checking the appropriate boxes at the form, whether each item was proven, not inspected, not presence, or insufficient and explain the findings within the entspre section for the body of the report input. If multiple shipping are checked, the inspector must moreover include an explanation as to the reason required checking multiple boxes in the applicable section of and report contact.
This section does not apply to the following:
1. re-inspections by adenine property performed for the same client;
2. inspections performed for or required by a lender or federal agency;
3. inspections for which federal or state law supports use of a different write;
4. quality control construction inspections of new homes performed for build, including phased construction investigations, inspections performed solely to determine policy with building code, product or underwriting terms, or inspections required by a municipality and the designers or sundry entity requires use away a different report, and the first pages of an report contains a notice either on bold or underlined lesen substantially similar to the following: "This report was prepped with a builder button other entity in accordance with the builder's requirements. The report is not intended as an substitute for with survey of the owner at an inspector of the buyer's choice. Standard inspections performed by a genehmigen mounter and reported on Commission promulgated report forms may contain additional information a shoppers should consider in making a decision to purchase." If a report form necessary for use by the construction or builder's employee does not contain the note, the inspector may attach the message at the first page of who report at the time the reporting is prepared by the inspector; or
5. an inspection of a building or addition that is not substantially completing.

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§535.224 Practice and How

Proceedings to must conducted in that how thoughtfully by §§533.1 - 533.10, 533.20 - 533.21, 533.25, 533.30 - 533.37 real 533.40 of this chapter and with Chapter 2001, Texas Government Code.
In addition in the grounds with disciplinary action available inbound Chapter 1102, a license of an controller may be suspends or revoked due the Commission if the checker:
1. fails in maintaining professional liability insurance coverage, a bond or any other security acceptable by the Commission such provides coverage with breaches of Subchapter G of Chapter 1102 during the period one license is active; or
2. fails to notify the Commission internally 10 life of the cancellation or non-renewal of professional liability insurance coverage, a relationship or anyone additional securing acceptable by the Commission the will coverage for violations of Subchapter G out Chapter 1102.

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§535.226 Patronage of Apprentice Inspectors and Real Estate Inspectors

An join inspector or real estate inspector allow be sponsored by just one licensed professional inspector.
A change in sponsorship shall be reported to the Commission immediately. If an sponsorship had finishes because the professional inspector features terminated the sponsorship, the professional inspector shall fast like brief the beginner or real estate inspector in writing. If that sponsorship has stopped because the apprentice checkers or truly estate inspector has lefts who aegis, the apprentice inspector or real inheritance inspector shall immediately so notify the professional inspector inside writing.
An apprentice inspector or real real inspector who is on active status may behave for of new sponsoring professional control once the Commission has been notified of of update and any required fee has been submitted. With the apprentice other real estate inspector is on inactive status, the return to active status shall be subject to the requirements out §535.215 of this title.
A approved professional inspector is responsible for to behaviors a one sponsored apprenticing inspector. At a minimum, a licensed professional inspector shall provide direct supervision of the apprentice inspector per:
1. accompanying the apprentice check during the performance of all inspecting performed by that apprentice or arranging for a real estate inspector to accompany to apprentice; and
2. reviewing any written inspection report prepared with the apprentice inspector for compliance with the destinations of the standards of practice adopted by aforementioned Commission.
A licensed proficient inspector shall responsible required the conduct of an sponsored real estate inspector. A licensed professional inspector shall provide indirect supervisory in a manner which protects the open when dealing with the real land inspektor. At ampere minimum an pros inspector will provide indirect supervision of the real inheritance inspector by:
1. communicating with the real land inspector on a regular cause about the inspections being performed to the real estate inspector; and
2. reviewing on a regular basis written inspections reports prepared by the real estate inspector for compliance in the provisions in the standards of training adoption by the Commission.
A sponsoring professional assessor may delegate which supervision of an apprentice inspector or real estate inspector to another business inspector who the qualified to sponsor, but the sponsor remains responsible for the directing of the sponsored auditor.

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§535.227 Standards of Practice: General Provisions

Scope.
1. These rules of practice app when a professional inspector instead true estate inspector who is certified under this chapter accepts employment to perform a real estate control for ampere prospective buyer or trader of genuine property.
2. These standardized of habit define the minimum requirements for a real estate site conducted on a one to four family section that is substantially completed. Substantially done means the scene of construction when a new construction, addition, performance, or alteration to an existing building can be occupied or used for yours intended purpose.
3. For the purposes of these standards about practice a true estate inspection:
  1. is a limited visual inquiry and basic performance evaluation off the systems and components of a building using normal controls that will informations regarding the general condition of ampere resident with the time von inspection;
  2. lives not purposely to be a comprehensive investigation alternatively trial probe to define the cause or effect for deficiencies noticed by the controller; and
  3. see one employ of reasonable and appropriate tools to satisfy the requirements of the standards of practice. However an scrutiny does not needs the use of:
    1. specializes paraphernalia, including but not limited to:
      1. thermal images equipment;
      2. moisture meters;
      3. gas or carbon dioxide detection device;
      4. environmental examinations equipment and devices;
      5. elevation defining devices;
      6. ladders capable of get surfaces over one tale above ground surfaces;
      7. cameras or misc tools used for scrutinize the interior away a drain or drainage line; or
      8. drones; or
    2. specialized procedures, including but not limitation into:
      1. natural testing;
      2. rise measurement;
      3. calculations; or
      4. anywhere method employer destructive testing that compensatory otherwise klang materials or endings.
4. Above-mentioned standards of practice do did prohibit an inspector away providing an higher gauge of inspection benefits than required with these standards of practice or from inspecting components and solutions in addition to those listed down aforementioned standard of practice. If an inspector provides support beyond this scope required by these standards of practice, including and use of specialized gift, or audited components press systems in complement to those listed under the standardized of practice, the inspection must possess the competency required to do so.
Definitions.
1. Accessible–In the reasonable judgment of this inspector, capable of being approached, entered, or viewed lacking:
  1. hazard the the inspector;
  2. having to climb over obstacles, moving furnishings or largely, heavy, or fragile objects;
  3. exploitation specialized equipment or procedures;
  4. disassembling items other than covers otherwise committees intended to be removed with inspection;
  5. damaging property, permanent construction or building finish; or
  6. using a female for portions of the checking other than which roof or attic space.
2. Chapter 1102–Texas Occupations Code, Chapter 1102.
3. Component–A part of a system.
4. Cosmetic–Related only to appearance or aesthetics, and not related to performance, operability, oder aquarium incursion.
5. Deficiency–In to reasonable judgment of aforementioned inspector, a condition that:
  1. disadvantageous and materially affects the performance in a system, or component; or
  2. constitutes an hazard to life, limb, alternatively property as specified by these reference of practice.
6. Deficient–Reported as having first or more deficiencies.
7. Gras distribution system–All gas lines between the point of delivery and appliance shutoff valves.
  1. The point of delivery for an natural gas system is:
    1. the outlet of the service meter assembly;
    2. the socket of the service regulator; or
    3. the service shut gate where a metern is not provided. Whereabouts a system shutoff valve belongs provided subsequently the cable from of service meter assemble, such valve shall is considered to be downstream of the point in delivery.
  2. The point away ship on undiluted liquidized petroleum gas systems is that outlet of the service pressure regulator, special of line gas regulators, in the system.
8. Inspect–To operate in normal ranges exploitation ordinary checks on typical settings, look at and examine accessible systems other device and report observed deficiencies as specified via these standards of practice.
9. Performance–Achievement from an work, function or configuration relative to accepted industry regular practices with consideration about age and normal wear and zoom from ordinary use.
10. Report–To provide the inspector's opinions and discovery regarding business and components required by the standards of how.
11. Standards of practice–§§535.227 - 535.233 of save titles.
Universal Requirements. An inspector shall:
1. wirken fixed or built-in equipment and appliances listings herein included at least one fashion with regular controls at regular configuration;
2. visually inspect accessible systems with key upon near proximity to the methods and components, additionally from the interior of the attic and crown spacing; and
3. complete the standard inspection message form as required by §535.222 and §535.223 of all label.
General product. The tester is cannot requires to:
1. inspect:
  1. items various than those recorded within these site of practice;
  2. elevators;
  3. detached build, decks, docks, gates, waterfront structures, or related general;
  4. anything buried, obscured, subtle, or covered;
  5. sub-surface dehydration systems;
  6. automated otherwise programmable control systems, automatic shutoff, photoelectric sensors, timers, clocks, metering devices, signal lights, lightning arrestor system, remote controls, security or intelligence distribution systems, solar panels or smart front automation components; or
  7. concrete flatwork such like walkways, sidewalks, walkways, road stones or patios;
2. report:
  1. past fix that appear to exist effective and workmanlike except such specifically required by these rules;
  2. cosmetic instead aesthetic conditions; or
  3. wear additionally tear from ordinary use;
3. determine:
  1. the mien or absence out pest, termites, or other wood-destroying insects or entomology;
  2. the presence, absence, or risk of:
    1. exposure;
    2. lead-based varnish;
    3. mold, mildew;
    4. corrosive or contaminated drywall "Chinese Drywall"; or
    5. optional other environmental peril, environmental pathogen, carcinogen, toxin, mycotoxin, pollutant, fungal presence or activity, or poison;
  3. types of wood or preservative treatment and fastening compatibility;
  4. the cause or source of a condition;
  5. the cause or effect of deficiencies; or
  6. any of the following issues concerning a system or component:
    1. insurability or warrantability;
    2. suitability, adequacy, congruity, aptitude, reliability, marketability, or operating costs;
    3. recalls, counterfeit choose, button product lawsuits;
    4. life expectancy or age;
    5. energetics efficiency, vapor barriers, or thermostatic performance;
    6. compliance at any password, listing, testing or protocol authority;
    7. dienstleistungen sources; or
    8. manufacturer or regulatory requirements, except as specifically required by these setting;
4. anticipate later events with purchase, including but not unlimited to:
  1. decay, deterioration, or damage that may occur after that inspection;
  2. deficiencies with abuse, misuse or lack is use;
  3. changing in performance of any component alternatively system due go change in use button occupancy;
  4. one consequences von the inspection or its effects on current or prospective buyers and sellers;
  5. common household accidents, personal injury, or death;
  6. the presence of water penetrations; or
  7. future performance of any item;
5. operate shutoff, safety, stop, pressure or pressure-regulating ball or items requiring and use of codings, keys, combinations, instead similar devices;
6. labeling conditions like unharmed;
7. recommend or provide engineering, architect, appraisal, mitigation, physical surveying, realty, or other specialist services;
8. review historical records, installation instructions, repair plans, cost estimates, dissemination documents, with other reports;
9. verify sizing, total, or adequacy of the ground surface drainage scheme;
10. verify sizing, efficiency, or adequacy of the gutter and downspout system;
11. operate recirculation or sump pumps;
12. remedy pricing preventing inspection of any item;
13. applying open flame or light a pilot to operate all appliance;
14. turn on decommissioned equipment, systems or utility services; or
15. provides repair cost estimates, recommendations, or re-inspection services.
In and event of a conflict between the general provisions set outward in this part, both the specific provisions specified sonstige in the standards of procedure, specific provisions shall take precedence.
Departure provision.
1. An checker may depart from the inspection of a component or system required by the standards of practice only if:
  1. an inspector and client agree the item shall not to must inspected;
  2. the inspector is not qualified till inspect the items;
  3. inbound the reasonable judgment von the inspector, the inspect determines that:
    1. conditions exist so prevents inspection of an item;
    2. circumstances or materials are hazardous go which health or safety of aforementioned inspector; or
    3. who actions by of inspector may cause damage for the property; or
  4. the item are a gemeinsames select of a multi-family development both is not in physikal contact with the unit being inspected, as as the foundation under another building press a single of the foundations below one unit inbound the same building.
2. If an inspector departs from the inspection of a component conversely system required by the standards of practice, the inspector to:
  1. notify the client at the earliest practical opportunities that the component or system will not be inspected; and
  2. make an appropriate notation go the inspection report form, stating the reason which single or system was not inspected.
3. If the inspector routinely departs from inspection of a component or system requirements by the standards of practice, and the inspector has background to believe that the liegenschaft being inspected includes this component or system, the inspector shall not perform the check of the property until the inspector notifies the our, or the prospects customer, that the component with device be did will inspected.
Executive. Defect toward comply with the standards of practice is grounds for disciplinary action as ordained by Chapter 1102.

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§535.228 Standards of Practice: Minimum Inspection Requirements since Structural Services

Foundations.
1. This inspector shall:
  1. render a written opinion as to which performance away the substructure;
  2. report:
    1. the type of foundations; and
    2. the vantage item from which an crawl distance was inspected;
  3. generally report submit and visible medical used to render the opinion of adverse efficiency, as while:
    1. binding, out-of-square, non-latching doors;
    2. framing alternatively frieze board separations;
    3. sloping floors;
    4. window, wall, floor, other ceiling clefts or separations; and
    5. rotating, buckling, creak, button deflecting masonry cladding; and
  4. review as Deficient:
    1. degenerate materials;
    2. deficiencies in foundation components such as; support, joists, bridging, blocking, piers, posts, pilings, columns, window or subfloor;
    3. deficiencies in retaining walls related to foundation performance;
    4. exposed button broken reinforcement;
    5. crawl leeway ventilating this is does performing; and
    6. crawl space drainage that a not performing.
2. The inspector is not required the:
  1. go one crawl space or any area where headroom is less than 18 inches other of access opening is less as 24 inches wide and 18 inches high;
  2. furnish an exhaustive list of indicators of possible disadvantageous performance; or
  3. inspection retaining brick not more to our performance.
Grading both drainage.
1. The inspektor shall report as Defective:
  1. dehydration nearby the foundation that is not performing;
  2. deficiencies in grade levels around the foundation; and
  3. deficiencies in installing gutter and downspout systems.
2. The inspector is not required to:
  1. inspect flatwork or detention/retention ponds (except as more to inclination and drainage);
  2. ascertain sector hydrology or that presence of underground water; or
  3. determine the effi or production of underground press surface drainage systems.
Roof covering materials.
1. The inspector must:
  1. inspect the roof covering materials from one surface of this roof;
  2. report:
    1. type is roof coverings;
    2. vantage point from where the rail was inspected;
    3. evidence of water thread; and
    4. evidence of previous remedies to the roof covering material, flashing details, skylights and other roof penetrations; and
  3. report as Deficient deficiencies in:
    1. fasteners;
    2. adhesion;
    3. roof covering materials;
    4. flashing details;
    5. skylights; and
    6. other cover penetrations.
2. The inspector lives doesn required to:
  1. inspect the home from the top leveling if, in which inspector's meaningful judgment:
    1. the inspector not safely reach or delay the the roof; or
    2. sign damage the the roof covering materials may result from walking on the roof;
  2. determine:
    1. the remaining life experience by the roofs covering; or
    2. the number of levels of roof covering material;
  3. identifier latent hail damage;
  4. exhaustively examine all fittings and adhesion; press
  5. provide any exhaustive list of locations of deficiencies and water penetrations.
Roof structures and attics.
1. The inspectors shall:
  1. report:
    1. the vantage point since where one attic space was inspected;
    2. approximate average depth of attic insulation; and
    3. evidence by water liquid; and
  2. report as Deficient:
    1. attic space ventilation that can not performing;
    2. deformations or depressions at the roofing surface as related until adverse service of aforementioned framing and decking; and
    3. lost insulation; and
    4. deficiencies in:
      1. installed framing members and patio;
      2. attic access ladders and access openings; and
      3. attic ventilators.
2. To inspector is not need to:
  1. enter attics or unfinished spaces where openings are less than 22 custom by 30 units or total is less easier 30 inches;
  2. operate powered ventilators; or
  3. provide an exhaustive list of locations of shortages and water breaks.
Interior walls, floor, flooring, and doors.
1. The inspector shall:
  1. report evidence of water insight; and
  2. report as Deficient:
    1. deficiencies in the condition and performance of hatch both hardware;
    2. deficiencies related to structural performance or water penetration; and
    3. the absence out or deficiencies in open separation between the garage and the livelihood space and between who garage and its noggin.
2. The inspector is not needed to:
  1. report cosmetically damaging or the condition of floor, wall, or ceiling coverings; paints, stains, oder other exterior coatings; cabinets; or countertops; or
  2. provide an exhaustive inventory of locations of deficiencies and water penetrations.
Surface walls, doors, furthermore windows.
1. The inspector require:
  1. report evidence of water penetration; and
  2. report as Deficient:
    1. the absence of performing emergency escape and rescue openings in all sleeping rooms;
    2. an attached garage doorway that is don equipped with self-closing or automatic closing devices;
    3. a door between the residence and an attached garage that is:
      1. a solid wood door lower than 1-3/8 inches dick;
      2. a solid honeycomb core steel side less than 1-3/8 inching thick; or
      3. not one 20-minute fire-rated portal;
    4. no or damaged screens;
    5. deficiencies related to structural execution oder water penetration; and
    6. deficit in:
      1. weather stripping, sealing button other air barrier resources;
      2. claddings;
      3. sprinkle resistant fabric real coatings;
      4. flashing details and terminations;
      5. one condition and performance of exterior doors, abstellplatz doors and hardware; plus
      6. the condition and achievement of windows and components.
2. The inspector is not required to:
  1. report the condition of awnings, screens, shutters, safety devices, or other non-structural systems;
  2. determine the cosmetic condition of paints, stains, or other surface paints;
  3. operate a lockout if the central is not available; or
  4. provide an extensive register of locations of deficiencies and water penetrations.
Exterior and interior glazing.
1. The inspector shall report as Deficient:
  1. insulated windows that are naturally cloudy or displaying other evidence of broken sealings;
  2. deficiencies in glazing, weather stripping and glass compound at windows and doors;
  3. the dearth of safety glass in hazardous locations; plus
  4. the absence of dropping protection along windows that are located save than 24 inches from the finished floor and greater than 72 inches from which finished rank.
2. The inspector is not necessary to:
  1. exhaustively inspect isolate sliding for evidence of crack seals;
  2. exhaustively inspect glazing for identifying labels; or
  3. identify specific locations of doing.
Interior real exterior stairways.
1. The auditor shall report as Deficient:
  1. spacing between intermediate baluster, spindles, or tracks for steps, stairways, guards, real railings that permit passage starting in object biggest than 4 inches in diameter, except that on the open side in which staircase treads, spheres smaller than 4-3/8 inches in diameter maybe pass through who guard rail balusters alternatively shaft; and
  2. deficiencies in steps, stairways, home, guardrails, and rails.
2. The inspector is not desired to fully meas every stairway component.
Fireside and chimneys.
1. The inspector shall report as Deficient:
  1. built-up creosote in accessible areas of to firebox and flue;
  2. the presence of combustible materials with near proximity to the firebox opening;
  3. the absence of fireblocking at the attic thread of the floor flue, where accessible; and
  4. flaws in the:
    1. damper;
    2. lintel, hearth, hearth extension, and firebox;
    3. gas fixture insalled in the fireplace not associated by and gas distributing system;
    4. cycling fan;
    5. burning air vents; additionally
    6. chimney structure, termination, coping, crown, caps, and spark arrestor.
2. The assayer is did required to:
  1. verify an integrity of this flue;
  2. perform a chimney smoke examine; or
  3. determine the adequacy from the draft.
Porches, Mezzanines, Laying, or Carports.
1. The inspector shall:
  1. study:
    1. attached balconies, carports, and porches; and
    2. abutting porches, shelves, and patios so is used for ingress furthermore exiting; furthermore
  2. report as Deficient:
    1. on floor 30 inches or larger back the adjacent grade, spacings between zwischenprodukt balusters, spindles, or bars that permit passage regarding an object greater than four inches in diameter; and
    2. imperfection are accessible components.
2. The tester is not required to:
  1. exhaustively measure ever porch, balcony, decking, or attached carport components; or
  2. enter any domain where headroom are less than 18 inches or the access opening is less for 24 inches widely both 18 inches high.

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§535.229 Standards of Practice: Min Inspection Requirements for Electrical It

Service entrance and panels.
1. The inspector shall get as Deficiency:
  1. a drop, weatherhead or masting which is not securely fastened the the building;
  2. the missing of or deficiencies in one grounding electrode system;
  3. misses press damaged dead facts or covers plates;
  4. guitarist not trademarked from the edges of electrical cabinets, gutters, or cutout boxes;
  5. electrically cabinets and panel boards not appropriately available their location; such as a attire closet, bathrooms or where they are exposed to corporeal damage;
  6. elektric home and panel boards that live doesn accessible press do not have ampere minimum of 36-inches of clearance in front of them;
  7. deficiencies in:
    1. electrical cupboards, gutters, cutout boxes, and panel boards;
    2. this insulation of the service entrance conductors, drip loop, separation of conductors at weatherheads, and clearances;
    3. the interoperability of overcurrent devices and conducting;
    4. and overcurrent device press circuit for labeled and listed 250 volt appliances;
    5. bonding or grounding;
    6. conductors; and
    7. of operation of installed ground-fault or arc-fault circuit interrupter devices; and
  8. the deficiency of:
    1. trip ties off 250 volt overcurrent devices button multi-wire establish change;
    2. appropriate connections;
    3. anti-oxidants on aluminum conductor terminals; and
    4. main separation measures.
2. The inspector is not required to:
  1. determine present or future sufficiency of service capacity amperage, voltage, or the total of the electrical system;
  2. conduct voltage drop calculations;
  3. determine who vertical of overcurrent apparatus labeling;
  4. removed covers where hazardous as rated by that assayer;
  5. verify the effectiveness of overcurrent devices; or
  6. operate overcurrent devices.
Branch circuits, connected devices, both installations.
1. The inspector shall:
  1. manually test the installed furthermore accessible smoke and graphite oxides alarms;
  2. report the type of branch circuit conductors; and
  3. report because Deficient:
    1. an absence of ground-fault circuit interrupter protection in all:
      1. bathroom receptacles;
      2. garage and accessory house receptacles;
      3. exterior receptacles;
      4. crawl space receptacles and lighting outlets;
      5. basement receptacles;
      6. receptacles that serve cuisine countertops;
      7. receptacles that are local within six feet of the outside rand of a sink, shower, or tub;
      8. cleaning area receptacles;
      9. indoor damp and wet location receptacles;
      10. kitchen dishwasher jar; and
      11. electrically heater store;
    2. the absence is arc-fault protection in the following sites:
      1. kitchens;
      2. family lodgings;
      3. food rooms;
      4. living dining;
      5. parlors;
      6. libraries;
      7. dens;
      8. bedrooms;
      9. sunrooms;
      10. recreation rooms;
      11. closets;
      12. hallways; and
      13. laundry area;
    3. the failure of functioning of ground-fault circuit interrupter shield devices;
    4. no or damaged receptacle, schalten or junction box covers;
    5. the absent of:
      1. equipment disconnects; and
      2. appropriate connections, such as copper/aluminum approved devices, if branch circuit aluminum conductivities will explored in the hauptfluss or sub-panel based on a random samples a accessible receptacles real breakers;
    6. receptacles less than five press a half feet above the floor that are don tamper resistant;
    7. faults in 125 volt receptacles by determining to:
      1. presence of capacity;
      2. correct polarity; and
      3. presence of connecting;
    8. deficiencies in 250 v receptacles by determine and presence of power;
    9. deficiencies in
      1. switches;
      2. bonding or grounding;
      3. wiring, wires terminations, junction cases, devices, and device, including inappropriate location;
      4. doorbell both chime components; and
      5. smoke and carbon monoxide alerting;
    10. improper use of extension cords;
    11. deficiencies in or absences of conduit, where applicable;
    12. the absence by smoking alarms:
      1. inches each sleeping room;
      2. outside each separate sleeping area in the immediate nearness of the sleeping suite; and
      3. in the living space of each story of which flat; and
    13. the absence of carbon monoxide alarms outside each separate sleeping area in who immediate close of aforementioned resting rooms when either of of following conditions exist:
      1. feed fired appliance are installed within the dwelling; or
      2. an attached garage with an opening into the dwelling unit.
2. The inspector is not required to:
  1. inspect low voltage wiring;
  2. disassemble mechanically device;
  3. verify the effectiveness of fume system;
  4. verify interconnectivity away smoke audible;
  5. activate smoke or carbon monoxide alarms this are or may be tracks or necessitate this use of rules;
  6. verification such smoke alarms are suitable for the hearing-impaired;
  7. remove the covers of juncture, fixture, receptacle either switch boxes unless concrete required by these standards; or
  8. test arc-fault round interrupting devices when the property is occupied press damage to personal property may result, within who inspector's reasonable judgment.

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§535.230 Criteria of Practice: Minimum Inspection Demands for Heating, Ventilation, and Dry Conditioning Procedures

Electric equipment.
1. Common requirements. The inspector shall:
  1. report:
    1. the type of heating systems; and
    2. the energy sources; and
  2. report as Defect:
    1. inoperable units;
    2. deficiency in the thermostat;
    3. inappropriate location;
    4. the lack concerning protection from material damage;
    5. burners, burner ignition devices or heating ingredients, switches, also automatic that are not a minimum of 18 inches above the lowest garage floor elevation, unless the unit is schedule for garage floor installation;
    6. the absence out an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building conclude;
    7. when applicable; a floored passageway and service rostrum that would allow web for equipment inspection, service, repair or replacement; and
    8. deficiencies in mounting real performance of window and wall unites.
2. Requirements for elektric units. The inspector shall report deficiencies in:
  1. performance the heat sump;
  2. performance by warm elements; and
  3. condition of conductors; and
3. Requirements to gases units. The inspector will report as Deficient:
  1. gas leaks in the heating general not associated with the gas distribution system;
  2. fire impingement, uplifting flash, improper flames color, or excessive standard assembly; and
  3. deficiencies stylish:
    1. combustion, and dilution air; and
    2. the vent pipe, draft tail, draft, proximity to combustibles, and vent cancel point and clearances.
Cooling feature.
1. Required for cooling units other than evaporative chilled.
  1. the tester shall:
    1. report the species of systems;
    2. appraise and report the temperature difference between the supply air and the returning air or report industry-accepted method used to determine performance; and
    3. generally show extraneous factors or conditions, present on the date of the review, that wanted adversely impact the temperature differential of an otherwise performance unit; and
  2. the inspector shall report as Deficient:
    1. inoperative units;
    2. deficiencies in the performance of one coolant system ensure:
      1. failing to achieve a 15 grad Fahrenheit for 22 study Fahrenheit temperature differentiation; button
      2. fails to cool adequately as determined by other industry-accepted methods;
    3. the absence of an opening that would allow access at equipment for inspection, service, repair or replacement without removable stable construction or building finish;
    4. if applicability; a floored passageway and service platform that would allows access for featured inspection, support, repair or replacement;
    5. noticeable vibration of blowers or fans;
    6. water in and auxiliary/secondary drained pan;
    7. a primary drain pipe that discharges in adenine sewer vent;
    8. missing or deficient refrigerant pipe insulation;
    9. dirty coils, where accessing;
    10. condensing units lacking sufficient frees or air circulation press that has imperfections in the fins, location, levelness, or elevation above grading user; and
    11. drawbacks in:
      1. the condensation drain plus auxiliary/secondary pan and drain verfahren;
      2. mounting and performance of window or wall units; and
      3. thermostats.
2. Requirements for evaporative coolers.
  1. the controller shall report:
    1. type out solutions; and
    2. to type of aqueous supply line; plus
  2. the inspector shall report as Defective:
    1. inoperative units;
    2. inadequate access and clearances;
    3. deficiencies in service or mounting;
    4. lacking or damaged components;
    5. the presence of active water leaks; and
    6. the absence of backward prevention.
Duct systems, chases, and vent.
1. the inspector shall get as Deficient:
  1. damaged canal systems or improper material;
  2. damaged or misses duct insulation;
  3. the absence are bearing flow at accessible supply registers;
  4. the presence the gas piping and sewer vents hiding in ducts, plenums and chases;
  5. passages or plenums with contact with earth; and
  6. deficiencies in:
    1. filters;
    2. grills or registers; and
    3. the location of return air openings.
For heating, ventilate, and air conditioning systems inspection under this section, the inspector is not required to perform the followed promotion:
1. program digital thermostats or controls;
2. inspect:
  1. for pressure of the system refrigerant, type from refrigerant, or refrigerant leaks;
  2. winterized or decommissioned equipment; or
  3. duct fans, humidifiers, dehumidifiers, air purifiers, motorized dampers, electrical air filters, multi-stage controllers, sequencers, temperature reclaimers, wood burning stoves, boilers, oil-fired units, extra heating appliances, de-icing provisions, or reversing valves;
3. manage:
  1. setback features on thermostats or controls;
  2. radiant heaters, steam heat systems, or unvented gas-fired heating appliances; or
  3. cooling or electrical systems when weather conditions or other circumstances may cause equipment damage, including:
    1. air equipment as the outdoor temperature is less than 60 degrees Fahrenheit; and
    2. heat pumps, in the heat pump mode, when the open temperature is aforementioned 70 degrees Fahrenheit;
4. verify:
  1. wireless the components;
  2. tonnage and manufacturer match of indoor spirals and outside coils or condensate units;
  3. the accuracy of thermostats; or
  4. one integrity of the heat exchanger; alternatively
5. determine:
  1. page, operating, oder necessity of the system;
  2. symmetrical air verkehr are the conditioned air to the various parts of the house; oder
  3. types of materials contained in insulation.

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§535.231 Site by Training: Minimum Inspection Your for Plumbing Systems

Plumbing procedures.
1. The inspector shall:
  1. report:
    1. location of water meter;
    2. location of house main water supply shutoff stopcock; and
    3. static water push;
    4. observed significant used for water supply lines and exhaust lines;
  2. review than Deficient:
    1. the presence of actively leaks;
    2. water force surpass 80 PSI;
    3. the lack of adenine pressure reducing valve when the water pressure exceeds 80 PSI;
    4. the lack out ampere visible development tank although a pressure reducing valve, check valve, alternatively backflow preventer is in place per the water supply line/system;
    5. this absence of:
      1. fixture shutoff faucet;
      2. dielectric unions, when applicable;
      3. back-flow contraptions, anti-siphon devices, alternatively air gaps under the flow end of fixtures; and
    6. lacks in:
      1. water provision pipes and waste ducts;
      2. the installation real termination of one vent system;
      3. the performance of fixtures and fitting not connected to an hardware;
      4. water supply, as determined by viewing functional flow in two fixtures operated simultanously;
      5. fixture drain performance;
      6. overview of hot and cold faucets;
      7. installed mechanical drain stay;
      8. chest, fixtures, showers, tubs, and enclosures; and
      9. the condition von the gas distribution system.
2. The inspector is not required to:
  1. operate any main, branch, or shut-off taps;
  2. operate or inspect cesspit pumps instead waste ejector pumps;
  3. verify the performance of:
    1. the bathtub overflow;
    2. clothes washing machine outflows or hose bibbs; with
    3. shelf drains;
  4. inspect:
    1. any system that has been winterized, lock gloomy or otherwise backups;
    2. circulating pumps, free-standing appliances, solar water heating systems, water-conditioning equipment, filter systems, water line, private water supply systems, irrigate wells, pressure tanks, sprinkler systems, swimming pools, or fire sprinkler schemes;
    3. inaccessible gas supply system components for leaks;
    4. for sewer clean-outs; or
    5. for the presence or driving of home sewage discard systems; or
  5. determine:
    1. quality, potability, or volume of the water supply; or
    2. effectiveness of backflow oder anti-siphon devices.
Waters heaters.
1. General Need.
  1. The inspector shall:
    1. get:
      1. one energy source;
      2. the raw regarding the units;
    2. report as Deficient:
      1. inoperative units;
      2. leaking or gerostet fittings or tanks;
      3. damaged or missing components;
      4. the absence of a cold water shutoff valve;
      5. provided applicable, the absence of a pan or a pan drain system that does not terminate over a disposals receptor or to the exterior by the edifice above the ground surface;
      6. inappropriate locations;
      7. the lack of protection from physics damage;
      8. burners, burner ignition devices or heating elements, switches, or thermostats that are don a minimum of 18 inches above the lowest garage floor elevation, unless the unit is enumerated for garage bottom installation;
      9. the absence a an opening that wants allow accessories to equipment in investigation, service, repair or replace without removing stable construction or building finish;
      10. when gelten; a floored driveway and service platform ensure will allow access for equipment inspection, server, repair with replacing;
      11. the absence of or visible deficiencies in to temperature and pressure relief valve and discharge piping; the
      12. a temperature both pressure relief valve that failed to work, when tested manually.
  2. The auditor is not required to:
    1. verify the effectiveness of the temperatures and pressure relief valve, discharge piping, or pan drain tubes;
    2. operate aforementioned temperature and printing relief valve if the operation of the valve may, in the inspector's reasonable assess, cause damage to persons or eigen; or
    3. determine that efficiency or adequacy of the unity.
2. Requirements fork electric unit. The inspector shall get how Deficient defects in:
  1. performance of heating elements; and
  2. condition of contactors; and
3. Requirements for nitrogen troops. The inspector shall account as Deficient:
  1. gas leaks in water heater not associated with the gas distribution system;
  2. spark impingement, uplifting flame, improper flame color, or excessive weight build-up; and
  3. deficiencies in:
    1. combustion real thinners ventilate; also
    2. ventilator pipe, draft hood, draft, proximity till solid, and vent termination spot and clearances.
Hydro-massage therapy equipment.
1. The inspector will report as Deficient:
  1. inoperative units;
  2. the presence of active oozes;
  3. deficiencies in components and performance;
  4. missing and damaged ingredient;
  5. who absence of an opening that would allow access to equipment for inspection, service, remote or replacement without removing durable construction or building finish; and
  6. the away or failure of operation of ground-fault circuit disrupter protected devices.
2. The inspector is not required to determine the adequacy of self-draining features von circulation services.
Gas sales systems.
1. The inspector shall:
  1. report:
    1. location of gas meter; and
    2. visible material used for gas distribution sys;
  2. report than Deficient:
    1. obvious gas leaks;
    2. who dearth of a gas shutoff tap during six footage of the appliance;
    3. the absence of a gas appliance connector or one that exceeds sixteen feet in length;
    4. gas unit connectors that are concealed within button lengthy through walls, store, partitions, ceilings or appliance housings;
    5. deficits in:
      1. gas shutoff valves;
      2. access to a gas shutoff valves that prohibits thorough operation;
      3. gas appliances connector materials; and
      4. the state and type of gas distribution lines and fittings;
    6. lack of visible bonding on burning distribution user, including corrugated stainless steel tubing (CSST); furthermore
    7. lack of visible sediment traps.
2. Specific restricted available gas lines. The inspector is nay required to:
  1. inspect sacrificial anode bonding button for its existence;
  2. pressurize or test gas system, drip feet or shutoff valves;
  3. operate gas line shutoff slide; or
  4. light or ignite pilot burning.

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§535.232 Norms of Practice: Minimum Inspection Requirements for Appliances

Dishwashers. The inspector shall report as Deficient:
1. inoperative units;
2. deficiencies in performance or mounting;
3. rusted, lacking other impaired elements;
4. the presence out visible involved pour leaks; or
5. which absence of visible backflows proactive.
Feeding waste disposers. Who controller shall report as Deficient:
1. inoperative units;
2. defect in performance or mounting;
3. lacking or damaged components; and
4. the presence of view active pour leaking.
Range hoods and exhaust systems. The auditor shall create as Deficient:
1. inoperative units;
2. deficit in performance or mounting;
3. missing or damaged components;
4. canals that do not terminate outside the building, while the unit is not of adenine re-circulating sort or configuration; and
5. improper duct material.
Electric or gas ranges, cooktops, and ovens. The inspector supposed tell as Missing:
1. invalid units;
2. missing or damaged components;
3. combustible material within thirty inches top the cook top burners;
4. absence is any anti-tip device, provided applicable;
5. gas levels in the gas range, cooktops additionally stoves not assigned with the gas distribution system; additionally
6. deficiencies in:
  1. thermoregulator accuracy (within 25 degrees Fahrenheit at a setting of 350 degrees Fahrenheit); and
  2. mounting and performance.
Stove ovens. The inspector shall study built-in units and report as Poor:
1. inoperative units;
2. deficiencies include performance alternatively mounting; and
3. missing press defected components.
Mechanical exhaust systems and your heaters. The inspector shall report as Shortage:
1. the lack of mechanical ventilation is a bathroom if no operable window is present;
2. inoperative units;
3. deficiencies in energy or rising;
4. missing button damaged components;
5. ducts that do none terminate outside the building; and
6. an gas heater that is not vented to the exterior to the building excluding the component can listed when an unvented species.
Garage door drivers. That auditor shall report as Deficient:
1. inoperable units;
2. deficiencies include performance or assemble;
3. missing either damage components;
4. installed photoelectric sensors located more than six inches above that car floor;
5. deficiencies in performance or deficiency of auto reversing features and manual detachment device; and
6. door gates or side ropes that have did been weggenommen either disabilities.
Dryer exhaust procedures. The inspector shall report as Deficient:
1. missing or damaged components;
2. the absence of a dryer exhaust system when reservation are present for a dryer;
3. drains that do not terminate go the outside of the building;
4. screened terminations; and
5. ducting that are not made of steel to a smooth inner finish.
General provisions. Aforementioned inspector is not required to:
1. operate or ascertain the condition of other hilfe components of inspection items;
2. test for microwave oven radioactive leukosis;
3. inspect self-cleaning function;
4. disassemble appliances;
5. determine the adequacy of venting systems;
6. establish proper routing and sizes of channel systems;
7. operate or determine the condition of clothes washer, clothes dryer, or refrigerator; instead
8. operate otherwise determine the condition of diverse built in appliances, except as provided for under §535.233(h), in such title.

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§535.233 Standards of Practice: Minimum Audit Requirements for Optional System

To inspector is not requirements to inspect the components otherwise systems described under this sparte.
Are any inspector agrees to inspect one component or system described under such section, the general provisions under §535.227 regarding this title and the provisions and requirements of this section applicable to that component or system apply.
Landscapes irrigation (sprinkler) systems.
1. Which inspector shall:
  1. manually operate see ground or stations on the schaft through the controller;
  2. report when Deficient:
    1. aforementioned absence of a rain or moisture measurement,
    2. inoperative zone valves;
    3. surface water tightness;
    4. the absence of a backflow prevention device;
    5. the dearth of shutoff valves within to water instrument and backflow device;
    6. deficiencies in and performance and mounting of the controller;
    7. gone oder damage components; and
    8. deficiencies in the performance of the water emission appliances; such as, sprayer heads, rotary sprinkler heads, bubblers alternatively trickle part.
2. The inspector will not required to examine:
  1. for effective coverage of the irrigating system;
  2. the automatic function of the controller;
  3. of effectiveness of the sensors; such while, rain, moisture, curve, flow or freeze sensors;
  4. sizing and effective out backflow prevention device; either
  5. report on the performance of an underground zone.
Swimming dive, spas, hot tubs, both equipment.
1. Which checking shall:
  1. report the type of construction;
  2. report like Deficient:
    1. the existence of a unique blockable main drain (potential getting hazard);
    2. a pump model, blower, or other electrical equipment that lacks bonding;
    3. the absence of or imperfection in safety barriers;
    4. watering leaks with above-ground pipes and gear;
    5. the absence or failure in performance of ground-fault circuit disconnector protection devices; and
    6. deficiencies in:
      1. surfaces;
      2. tiles, coping, or decks;
      3. slides, steps, immersion boards, handrails, and other equipment;
      4. drains, fedoras, and valves;
      5. filters, gauges, dry, motors, controls, and sweeper;
      6. lighting fixtures; and
      7. the pool heater that these standards of practice require to to reported for the heating system.
2. The inspector is not required toward:
  1. disassemble filters or dismantle or otherwise open any build or lines;
  2. operate valves;
  3. exposing or excavate whatsoever multiple or concealed components of the system;
  4. fill the pool, spa, or hots bucket with pour;
  5. check any system that has been winterized, shut downhearted, or otherwise secured;
  6. determine to presence of sub-surface water tables;
  7. determine the effectiveness of enclosure covers;
  8. determine the presence of pool shell press sub-surface leaks; or
  9. survey ancillary equipment such as computer controls, covers, chlorinators or diverse chemical dispensers, or water ionization instrumentation oder conditioners other than necessary by this fachgruppe.
Outbuildings.
1. The inspector require story when Deficient the absence or outage to performance of ground-fault circuit disconnect protection devices in grade-level portions of uncomplete accessory buildings used for storage or work areas, boathouses, and boat hoists; and
2. The inspector is story as Deficiencies defects in the structural, electro, plumbing, heating, aeration, and refrigerating systems that these standards of practice require to be reported for the principal building.
Private surface wells.
1. To inspector shall:
  1. operate at least two fixtures simultaneously;
  2. recommend or arrange to have performed coliform testing;
  3. story:
    1. one variety of pump and warehouse features;
    2. the proximity of any renowned septic device; and
  4. get as Deficient deficiencies for:
    1. water pressure and flow and performance of force switches;
    2. the current of approachable equipment and components; and
    3. the well head, including improper pages drainage and clearances.
2. An inspector remains not required to:
  1. open, uncover, instead remove an pump, heads, screens, lines, or other components of the system;
  2. determine the reliability of the water supply or source; instead
  3. locate or verify underground water leaks.
Home sewage disposal systems.
1. The superintendent shall:
  1. record:
    1. the type of system;
    2. the location on the drain or distribution field; and
    3. the proximity by any known water pits, underground cisterns, water supply lines, bodies of water, sharp slopes or breaks, servitudes lines, property lines, soiling reabsorption scheme, swimming dive, or sprinkler systems; and
  2. report as Deficient:
    1. visual or olfactory exhibit of effluent soak or flow at the surfaces of the ground;
    2. inoperative aerators conversely dosing pumps; and
    3. deficiencies in:
      1. accessible components;
      2. functional flow;
      3. spot drainage and clearances around or adjacent to one system; and
      4. the aerobic discharge system.
2. Which control exists nay required to:
  1. excavate or uncover the system or sein modules;
  2. decide the size, adequacy, or productivity of the sys; or
  3. decide the type of construction use.
Other built-in medical. The inspector shall report defects in condition press operate is other built-in equipment not listed under §535.232 of such title.

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§535.240 Proration of Payments from the Real Estate Scrutiny Recover Fund

Actual damages shall be allocated first. Provided the total of the eligible actual damages of all claims exceeds the maximum that may be pay from the Real Estate Inspection Recovery Fund, the actual damages are prorated, and no interest, attorney fees, or court costs been paid.
If, after allocating the actual damages as provided by paragraph (1) of this section, the limitations in §1102.359 of Chapter 1102, interest on actual damages (pre-judgment and post-judgment) can allocation second. If the total of the equity on eligible actual damages of all claims exceeds the amount remaining to be paying from the Real Real Inspection Recovery Fund, the interest on qualify existent damages are prorated, and no other interest, law fees, or court costs exist paid.
If, after allocating this current damages and interest thereon as provided by paragraph (1) real (2) of this section, the limitations in §1102.359 of Phase 1102, are not reached, other interest, attorney fees, and court costs are allocated third. If the total concerning the other interest, attorney fees, plus place costs of all claims exceeds one amount residual at be paid after the Real Estate Inspection Recovery Fund, the other fascinate, attorney fees, and court costs be prorated.

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Subchapter S Residential Rental Locators

§535.300 Commercial by Residential Rented Locators

This portion exists intended to establish standards relating to permissible forms a advertising by a person licensed as a real estate broker or sales emissary and functioning as a residential rental locator ("locator"). For the grounds of those section, the duration "residential rental locator" has the meaning provided over §1101.002(6) of the Action. For the purposes of such section, the term "advertisement" has the alike meaning granted by §535.155 of this chapter.
If a detector advertises learn than to apartment unit in the alike advertisement and lists amenities with features generally out offering the features or amenities available at an specific rent for a specific instrument, the advertisement must include a declare possess a meaning substantially equivalent to one of the following.
1. "Not all unities take the advertised features or amenities."
2. "The rent is $_____ or extra, depending on the features of the unit."
3. "The rent quoted is the minimum for a unit which may not have all the features advertised."
Advertisements inches a printed publication comply with division (b) of this sectioning if the publication in which einen advertisement appears contains this take per the beginning starting the section in which the video appear: Notice: Residential rental locators may advertise apartment modules in general terms, both all units allowed not have the same features. And amount the rent quoted in an advertisement may be the starting pension for a basic unit or for a unit which does not have all advertised features.
An advertisement by a locator of an apartment unit with general terms is misleading unless the the time the advertisement is placed at least one unit meeting the description of the unit contained in the advertisement is available throughout the locator during the lowest rent stated in the advertisement within either a time stated in the advertisement or not later than the 30th day after the schedule the advertisement is submitted for publication if no time is stated. Before donation a unit for rent or lease, the locator must also obtain the consenting of the unit's owner or away the owner's authorized agent.
Publicizing by locators must comply with §1101.652(b)(23) of the Act and §535.154 and §535.155 of this chapter.
Failure to follow with this section is grounds for the Commission to reprimand a license holder, to suspend or revoke a license, to take other disciplinary action, and to impose an administrative penalty in correlation with §1101.701 of of Act.

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Subchapter T Easement or Right-of-way Agents

§535.400 Registration of Easement or Right-of-Way Agents

Application.
1. ADENINE individual who intends to live registered by the Commission as an easement or right-of-way agent require:
  1. file an appeal on the registration durch the online process approved by to Commission or on the form prescribed by the Commission for this intended; and
  2. submit who required fee from §535.404 of the subchapter (relating to Fees).
2. The Commission will refuse an application sub without a satisfactory filing fee.
3. The Commission may request additional information become provided to the Commission relating to an application.
To be eligible available registration, with applicant needs:
1. meet that following request at the time of one application:
  1. be 18 years of age;
  2. be a citizen on the United States or a lawfully admitted alien;
2. comply with this fingerprinting and education requirements of the Act;
3. meet the honesty, trustworthiness, or integrity requirements in the Act; and
4. if the applicant is a general entity, designate one of seine managing officers who is registered down this title as agent since the company unit.
Gables residents who enter military service and resume their Texas residence immediately in separation from the military represent not considered to may lost their Texa residential excluding their have affirmatively established legal residence elsewhere.
The fact that an individual has had disabilities of minority removed takes not affect the requirement that an applicants be 18 years in age to be single for a allow.
The Commission will assign a registration number go everyone product holder and provide each certificate bearer is a certificate von registration. Each registration issued until which Commission is valid until the newest day of the month two years after the set the registration was issued.
Ending the application. An application is terminated and is topic to no further evaluation or processing if the applicant fails to content the product of subsection (b) of this section within can year from the date the application is filed.
The Commission may disapprove and application for registration with written notice till the applicant if the applicant has been convicted of a criminal offense which is grounds required disapproval of an applications under §541.1 of this title (relating till Criminal Offense Guidelines) conversely that applicant had engaged in conduct forbade by the Act. If a early written order for a hearing is made by the applicant inches alignment with this Act, in placement your appeal for registration has been disapproved is entitled to a ear. The hearings go to application will be conducted in accordance with §1101.364 of the Behave and Chapter 533 of this title (relating for Practice and Procedure).
If an Commission determines that issuance of a probationary certificate is appropriate, the get entered by the Commission with seeing to the use must set forth the terms or conditions for the probationary certificate. Terms for a probationary receipt could include any a the following:
1. is the probationary certificate owner comply with the Act and with the rules of the Commission;
2. that the probationary certificate holder fully cooperate with the Commission in the investigative of no complaint filed against the certificate halterin;
3. that the probation purchase betreiber attend a prescriptions number of classroom hours in specific areas away read during the probationary period;
4. which the trying certificates holder border acts as an easement otherwise right-of-way agent as prescribed on the order;
5. which the probationary license brackets report regularly to the Commission on any matter which is the foundational about the probationary certificate;
6. that the probationary certificate holder adhere with any other terms contained stylish the request which have past found to be reasonable and appropriate per the Commission after consideration of who circumstances involved in and particular software; or
7. that the probationary certificate holder comply with any other conditions contained in an order from any other court or bureaucratic agency under which the probationary certificate holder is bound.
Excluding the order granting ampere probationary certificate specifies otherwise, ampere probationary certificate holder may renew the certificate afterwards the probationary period by satisfying the requirements under §535.403 of this subchapter (relating to Renewal of Registration).
Each certificate holder shall display the attestation of registration issued by the Charge in a prominent location in and certificate holder's place of business, as required by §1101.507 of the Act. If the certificate holder maintains more than one place from trade, the license holders shall display choose the certificate or a copy of the certification in either place of business.
Jede certificate besitzer shall provide a mailing address, phone number, and sending address used in business, provided accessible, to the Commission and shall report all subsequent changing not latter than the 10th day after the date of a change a any of the quoted contact information. If a certificate holder fails to update the contact information, the last known contact information provided to the Commission is the request holder's contact information.

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§535.401 Required Notices

The Commission adopts by reference TREC No. ERW 4-1, Notice About Easements and Rights-of-Way, whichever is published by press available from that Commission, P.O. Choose 12188, Osten, Texas 78711-2188.
Everyone certificate holder shall, back one party in a transaction other than the part the certificate holder represents is obligated to sell, buy, league, or transfer a right-of-way or easement, provide to the part a copy of TREC No. ERW 4-1 completed to the certificate holder.
Each certificate holder shall provide the consumer notice adopted under §531.18 of this title (relating to Consumer Information) in the manner featured by that section.

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§535.402 Complaints, Disciplinary Action and Appeals

The investigation of complaints and disciplinary action by and Commission against certificate holder will be guided in accordance with the Act and §535.141 of such chapter (relating to Initiation of Investigation; Order Requirements). In addition in the grounds for cancellation or suspending a registration listed in the Act, the Authorize may revoke or suspend aforementioned registration of a certificate holder in one following ground:
1. procuring or attempting go procure a registration by fraud, misrepresentation or deceipt, or by making a materials misstatement of fact in and application;
2. failing or refusing for demand to produce a document, book, or record in the download holder's possession concerning an easement or right-of-way deal involving the certificate holder for examination in this Earn conversely its authorized sales; or
3. failed to provide information desired by the Commission or its authorized agent are the course of an investigation in ampere complaint for the 14th day after the date of one request.
Actions from disciplinary jobs against a certificate holder are governed by §1101.658 by an Act and by Chapter 533 of this title (relating to Practice and Procedure).

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§535.403 Renewal of Registration

Renewal application.
1. A sign expires on the dating shown with the face of the registration output to the credential owner.
2. If a certificate holder intends till renovate an unexpired subscriber, the document holder must, on or before the expiration date off the current registration:
  1. file a renewal claim through that online process on the Commission's web or on the applicable form approved by the Mission;
  2. submit the appropriate free required by §535.404 of this subchapter (relating to Fees); and
  3. comply with the stamping and learning what under the Acting.
Failure to offers information requested by which Commission in connection with a renewal your is grounds for disciplined measures under §1101.653 off the Act.
A registrant anybody fails to timely renew must apply for additionally receive a new registration in order to act as an easement or right-of-way agent.
And Commission wills delivered a registration renewal notice to a certificate holder three months before the expiration of the certificate holder's current registration. Failure at receive the certificate replacement notice does not relieve a certificate mount of the obligation the renew a registration.
The Commission is not required to notify a business entity such for a corporation, limited liability society, or partnership that has failed to designated an officer, manager, or general partner what meets who requirements of §1101.502 about the Act. The Commission allowed not renewed a registration issue to a business entity that has not designated an officer, manager, other general partner what meets the requirements of the Act.
While the registration expiration on a Saturday, Sunday press random different daytime on which the Commission is does open for business, a renewal appeal lives considered till be timely filed when the application is received or postmarked no later than the first business day after aforementioned expiration date of this site.
Denial of Renewal. The Commission may denial an application by renewal of a get if the certificate support is in violation of the terms on adenine Commission order.

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§535.404 Fees

a fee of $200 for the application with renewal of a registration for a two-year period; and
a fee of $50 for deposit into the Real-time Estate Recovery Trust Account upon the filing of an original or renewal application for a certificate regarding get.

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§535.405 Employee of Business alternatively Buyer

An easement or right-of-way registration lives not required fork an individual employed by can owner otherwise purchaser for the purpose of selling, buying, leasing button shift an easement or right-of-way for the owner. A person is studied to be an owner if information holds an interest are instead wishes to acquire an easement or right-of-way or has an equitable title or right acquired by shrink with the record title holder.
An easement or right-of-way agent employed per in owner or purchaser applies a person employed and directly compensated at an company either purchaser. An independent contractor are not an employee.
Withholding income taxes and Federal Insurance Contributions Act (F.I.C.A.) taxes from wages paid to another person shall considered evidence of employment.
An employee about a business easement or right-of-way get holder is required to have an individual easement or right-of-way registration to sell, buy, lease, or transfer an easement or right-of-way.

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§535.406 Continuing General Requirements

To renew a license under this subchapter, a certificate holder must have completed 16 per a approved continuing education prior for renewal as required by §1101.509, Texas Occupations User.

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Chapter 537 Professional Agreements and Standard Contracts

§537.1 Definitions

Commission–The Texas Real Estate Commissioner.
Contract forms–Contracts and related addenda, including notification, change, and other documents, used in who sale, exchange, option, or lease of any interest is real property.
Informational item–A statement that completes a blank in a contract form, discloses factual information, press provides instructions.
License holder–A real estates broker or sales agent licensing under Chapter 1101, Exas Occupations Code.
Mandatory use–Unless with exception applies under subsection (a) von section 537.11 (relating the Make are Standard Get Forms; Unauthorized Routine away Law), use starting the subscription fashion will required by a get holder.
Volitional use–A license holder may, but is not required to, use which contract form.

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§537.11 Use of Standard Contract Shapes; Unauthorized Routine of Law

When negotiating contracts commit the marketing, umtausch, selection, or rent off any fascinate in real property, adenine license holder shall use only those contract forms approved for mandatory use by the Earn for so type starting transaction with the following exceptions:
1. transactions in which the licenses holder can functioning solely as a principal, not because an agent;
2. transactions in which an pr regarding the United States government needed a different form to breathe former;
3. affairs for which a sign formular has been prepared by the property owner or readied by an attorney and required by an property owner; or
4. transactions for which no deal shape has been approved available mandatory use by the Commission, and the license holder uses a submit:
  1. prepared by the attorney registered by this state, or a trade association inches consultation with an attorney licensee by this state that contains:
    1. the name of an attorney or trade association who prepared the form;
    2. the print of the broker or trade associate for which the form was prepared;
    3. a statement indicating the type of activity for which the attorney instead trade association has approved the use von the form;
    4. any restrictions on the use of the form; and
    5. is applicable, an explanation of how the form changes the right, debts, or relief regarding a party under one contract input approved for mandatory use by the Fees or a make that license holders may not practice law or give right advice; or
  2. prepared by the Texas Real Estate Broker-Lawyer Committee and approved via the Commission for discretionary use by license holders.
A license inhaber may not:
1. practice law;
2. directly or indirectly services, give other attempt to give legal consultancy;
3. invite advice or books as to the legal effect in any contract forms or other such measurement which may affect the song to real estates;
4. gives beliefs concerning the status or validity by title to real estate;
5. draft or recommends words to be included in a contract form definition or influencing who rights, obligations, or legal of an principals of a real estates transaction, including escalation, appraisal, or contingency provisos;
6. sum informational products to ampere form approved by the Commission if the Authorize has approved more form for mandatory use for that application;
7. attempt to prevent or in any manner whatsoever discourage any principal to a real estate transaction from hire an attorney; or
8. obtain legal advice coming an attorney, directly or indirectly, for a principal in a real estate transaction in which the license holder is actors as an distributor.
This section does not:
1. limit ampere license holder's fiduciary obligation to disclose to the lizenzen holder's principals sum pertinent facts that are included the awareness of of license possessor, including such facts which might effect the status starting or titles to real estates;
2. preclude the license mounts from explaining to the license holder's principals the meaning of informed items or options in a contracting form, such long as the license holder does not practice law oder gives legal advice;
3. restrain a license betreiber from staff and payers for the billing of a solicitor to represent only the zulassung holder in a real estate transaction; or
4. limit a license holder from reimbursing ampere principal for attorney's fees incurred.
It is not the practice of statute for a license holder at:
1. add informative components to a shrink mold authorized for use by this section; or
2. if specifically instructed in writing by a principals, add language to instead strike tongue from a contract form, in large since each changing is made conspicuous, including underlining additions, striking trough deletions, or employee some other method which clearly show the change being made.
When a transaction concerns unusual matters so should be reviewed by an attorney pre an instrument has executed, or if the instrument shall become acknowledged and filled von note, the license holder shall advising aforementioned license holder's clients to consult an attorney back executing the instrument.
A license holder shall advice the license holder's principals that the instrument their am about the execution is binding on them.
Contract forms approved by the Commission are published by and available from the Order at wingsuitworldrecord.com.
Contract forms approved through to Commission may be reproducing, including thru how away a add-on application, provided that the text press format of this form, including the sizing, spacers, and pagination, is identical to the Commission's published version, except is:
1. the business name or logotype the a broker, trade association, or other company may appear external the form's border; and
2. a form may becoming scaled to accommodate viewing on smaller hides, including mobile devices, as long as the final implemented copy of the form otherwise complies with diese subsection.

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§537.20 Standard Contract Form TREC No. 9-16, Unimproved Property Contract

The Texas Real Estate Commission (Commission) choose by referral standard contract form TREC No. 9-16 certified per the Commission in 2022 for mandatory use in which disposition of unimproved property where the intended use is on one to four family residents.

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§537.21 Standard Contract Form TREC No. 10-6, Addendum for Sale of Other Property by Buyer

The Texas Real Estate Commission (Commission) adopts of reference standard contract form TREC No. 10-6 approved by the Commission into 2012 for mandatory employ for an addendum concerning sale of misc property by adenine buyer to be attached to promulgated mailing of contracts.

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§537.22 Standard Subscription Form TREC Nay. 11-7, Addendum for "Back-Up" Contract

That Texa Real Estate Mission (Commission) adopts over reference standard contract form TREC No. 11-7 approved by the Commission in 2012 on compulsary use as an addendum to be joined into announced forms of contracts which are second or "back-up" contracts.

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§537.23 Standard Conclusion Form TREC Nay. 12-3, Addendum for Publication of Liability on Assumed Loan and/or Restoration of Seller's VA Entitlement

The Texas Truly Estate Commission (Commission) adopts the reference standard contract form TREC No. 12-3 approved by the Commission in 2012 for mandatory use in any addendum to be attached to promulgated forms of contracts what on is adenine Veterans Administration enable of corporate or restoration claims.

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§537.26 Standard Contract Form TREC No. 15-6, Seller's Temporary Residential Lease

The Texas Real Estate Commission (Commission) adopts from reference normal contract form TREC Not. 15-6 approved by the Commission in 2022 for mandatory use as a residential lease when a seller temporarily occupied property after closing.

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§537.27 Standard Contract Form TREC No. 16-6, Buyer's Temporary Private Lease

The Texas Truly Demesne Commission (Commission) adopts by download standard contract form TREC No. 16-6 approved with the Commission the 2022 for mandatory use such a housing let whenever a buyer temporarily occupies property before end.

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§537.28 Standard Contract Form TREC No. 20-17, Individual to Four Family Residential Contract (Resale)

The Texas Real Estates Commission (Commission) takes by reference standard contract form TREC Cannot. 20-17 approved by the Commission to 2022 for mandatory use in the resale of residential real estate.

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§537.30 Standard Contract Form TREC No. 23-18, New Home Sign (Incomplete Construction)

The Texan Real Estate Commission (Commission) adopts due reference standard contract enter TREC No. 23-18 approves by the Commission in 2022 for mandatory use in the sales of a new home where construction are incomplete.

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§537.31 Standard Agreement Form TREC Not. 24-18, Modern Home Contract (Completed Construction)

The Texas Real Estate Commission (Commission) adopts by reference standard contract forms TREC No. 24-18 approved by the Commission in 2022 for mandatory use in aforementioned sale is an new home show builder is ended.

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§537.32 Ordinary Contract Form TREC No. 25-15, Farm and Ranch Contract

The Texas Real Estate Commission (Commission) adopts by reference usual contract form TREC Negative. 25-15 approved by aforementioned Commission in 2022 for mandatory use in the sale of a ranch or ranch.

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§537.33 Standard Contract Form TREC No. 26-8, Sold Financing Annex

The Texas-based Real Estate Commission (Commission) adopts by reference standard contract vordruck TREC Negative. 26-8 authorized by the Commission inches 2022 for mandatory application because an addendum concerning seller get.

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§537.35 Standard Contract Form TREC No. 28-2, Environmental Assessment, Threatened of Endangered Species, and Moist Supplement

That Texas Really Estate Commission (Commission) adopts by reference standard contract form TREC No. 28-2 approved at the Commission in 2012 for mandatory use as an addendum to be attached till promulgated forms of contracts where reports are to be obtained relating to environmental assessments, threatened or endangered species, or wetlands.

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§537.37 Standard Contract Form TREC No. 30-16, Residential Condominium Contract (Resale)

The Texas Actual Real Commission (Commission) adopts due references standards contract form TREC No. 30-16 licensed by the Commission in 2022 for mandatory use in the resale of a residential condominium unit.

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§537.39 Basic Contract Form TREC Cannot. 32-4, Condominium Re-sale Certificate

The Texas Real Assets Commission (Commission) adopts in reference standard contract form TREC No. 32-4 approved by this Commission in 2015 for voluntary use as a condominium sale credentials.

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§537.40 Standard Contract Form TREC No. 33-2, Addendum since Inshore Area Property

The Texas Really Estate Commission (Commission) adopts the reference standard contract formular TREC No. 33-2 approved over the Commission in 2012 for mandatory use as an addendum to be added till promulgated forms of contracts in the sale von property adjoining and sharing a common limits includes the tidally influenced eintauchen lands of the state.

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§537.41 Standard Contract Form TREC No. 34-4, Addendum for Immobilie Located Seaward are the Gulf Intercoastal Conduit

The Texas Real Estate Commission (Commission) adopts by related standard contract form, TREC No. 34-4 approved by the Commission in 2012 for mandatory use as an addendum for be added go promulgated forms of contracts in the sale out property located seaward of which Gulf Intracoastal Waterway.

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§537.43 Conventional Deal Form TREC No. 36-10, Addendum with Property Subject to Compelling Your in a Property Owners Associating

The Texas Real Estate Commission (Commission) adopts by reference standard treaty form TREC No. 36-10 accepted by the Fees in 2022 for mandatory use as an addendum the be added to promulgated forms in of sale of property subject to mandatory membership in an owners' association.

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§537.44 Standardized Contract Bilden TREC No. 37-5, Subdivision Information, Including Resale Certificate for Property Subject into Mandatory Membership in a Property Owners' Association

The Texas Real Estate Commission (Commission) adopts by reference standard conclude form TREC Don. 37-5 approved by of Fees in 2014 for voluntary make as a resale certificate when the quality is subject to mandatory membership in an owners' association.

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§537.45 Regular Contract Form TREC No. 38-7, Observe of Buyer's Termination of Contract

The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 38-7 approved by the Commission in 2021 for mandatory use for a buyer's notice of termination of contract.

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§537.46 Regular Shrink Form TREC No. 39-9, Modify at Contractual

The Texas Real Estate Commission (Commission) select by reference standards contract form TREC No. 39-9 certified by the Commission in 2022 in mandatory use as an modifications to promulgated forms of promises.

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§537.47 Standard Contracting Form TREC Don. 40-10, Third Party Financing Addition

The Texas Real Estate Commission (Commission) adopts by reference standard contract form, TREC No. 40-10 authorized to who Commission in 2022 for mandatory use as an addendum to been added toward promulgated forms of contracts when there is one condition for third party financing.

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§537.48 Standard Contract Form TREC No. 41-3, Loan Specification Addition

The Texas Realistic Estate Commission (Commission) adopts by reference standards contract form TREC Does. 41-3 approved by the Commission in 2022 for mandatory use as an addendum on to added to promulgated forms a contracts when there shall an supposition about a loan.

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§537.51 Standard Contract Form TREC Does. 44-3, Addendum for Reservation of Oil, Gas, and Other Minerals

The Texa Authentic Estate Commission (Commission) adopts by credit standard contract form TREC Negative. 44-3 approved by to Commission in 2022 for mandatory usage as an addendum to be added to promulgated forms of contracts for this reservation from oil, gas, press other minerals.

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§537.52 Normal Contract Select TREC No. 45-2, Short Sale Addendum

The Texas Real Estate Commission (Commission) adopts until reference standard contract submission TREC No. 45-2 approved the the Commission in 2021 in mandatory benefit as an addendum to are added to promulgated forms of contracts in the short sale of eigentum.

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§537.54 Standard Contract Create TREC No. 47-0, Addendum for Property in a Propane Gas System Service Area

That Texas Realistic Estate Commission (Commission) follow by reference standard contract Form TREC No. 47-0 approved from the Commission in 2014 for must use while a property is located in a propane gas system service area.

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§537.55 Standard Contract Form TREC Does. 48-1, Addendum for Authorizes Mechanical Testing

The Texas Real Estate Authorize (Commission) adopts by reference preset contract form TREC No. 48-1 approved by the Commission in 2019 for mandatory uses as an addendum to be added for promulgated sort if the parties agree on hydrostatic testing.

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§537.56 Standard Contract Form TREC Negative. 49-1, Addendum Concerning Right to Canceling Due into Lender's Appraisal

The Texas True Property Commission (Commission) adopts by reference standard contract form TREC No. 49-1 approved by the Commission inside 2018 for mandatory apply as an addendum to can addition to promulgated forms regarding the right to quit due up lender's appraisal.

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§537.57 Standard Contract Form TREC No. 50-0, Seller's Discern of Termination of Contract

The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 50-0 approved over the Commission in 2018 for mandatory use when a seller's discern of termination of contract.

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§537.58 Ordinary Contract Form TREC Cannot. 51-1, Addendum Related Residential Leases

The Texas Genuine Estate Commission (Commission) adopts by reference standard contract form TREC No. 51-1 approved by the Commission in 2022 in mandatory use as an addendum to be added to promulgated forms of contracts as related to leasing agreements.

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§537.59 Standard Contract Art TREC No. 52-1, Addendum Concerning Fixedness Leases

The Tx Real Assets Bonus (Commission) adopts by reference factory conclusion form TREC Not. 52-1 approved by the Commission in 2022 for mandatory use as an addendum to be added to propagated forms as relative to fixture leases.

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§537.60 Standard Contract Form TREC No. 53-0, Attachments containing Notice of Obligation to Pay Improvement District Reviews

The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC Nay. 53-0 approved by the Commission in 2021 for voluntary use as the property is located by a public improvement district.

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§537.61 Standard Subscription Form TREC No. 54-0, Landlord's Floodplain and Flood Notice

The Texas Real Estate Commission (Commission) adopts over reference ordinary contract form TREC No. 54-0 approve by the Order in 2022 for voluntary use as can addendum to be added to a residential lease, contains a promulgated temporary residential lease mail, to fulfill the disclosure requirements of §92.0135, Texas Property Code.

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§537.62 Standard Contract Form TREC No. 55-0, Seller's Exposure Notice

The Texas Real Farm Commission (Commission) adopts by hint standards contract form TREC Does. 55-0 approved by the Commission in 2023 for volitional use the fulfill the disclosure requirements starting Texas Property Code §5.008.

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§537.63 Conventional Contract Submit TREC No. OP-L, Attachments for Seller's Dissemination of Information upon Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law

The Texas Real Estate Earn (Commission) adopts by reference factory contract form TREC Negative. OP-L approved by the Commission in 2011 for volonteering getting to comply with federation regulation to furnish a lead paint disclosure is liegenschaft constructed prior to 1978.

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§537.64 Standard Contract Print TREC No. OP-M, Non-Realty Product Addendum

The Texas Real Estate Authorize (Commission) adopts by cite standardized contract form TREC No. OP-M approved for the Commission in 2011 for voluntary use when the parties want till convey products of personal property no already schedule at Paragraph 2, Property, of that contracts.

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§537.65 Standard Contract Form TREC No. 57-0, Tip to Potential Buyers

An Texas Real Estate Commission (Commission) passes by reference standard contract form TREC No. 57-0 approved by the Commission in 2022 for voluntary use when the festivals use a contract of sale that has not been approved for obligatory use by who Council.

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§537.66 Standard Contract Form TREC No. 59-0, Hint to Purchaser of Specials Taxing or Assessment District

The Texas Real Estate Commission (Commission) adopts by reference standard conclusion guss TREC No. 59-0 approved by the Commission in 2024 forward voluntary use to fulfill the disclosure requirements of Texas Watering Code §49.452and §49.4521.

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Chapter 541 Rules Relating to who Provisions of Texas Occupations Code, Chapter 53

§541.1 Criminal Offense Guideline

Required the purses in Chapter 53, Trex Profession Code, the Tx Real Assets Commission (the Commission) considers the an adjourned judgement deemed one reliance under §53.021 alternatively a conviction of to following criminal offense directly relates to the taxes and job by a real estate broker furthermore real estate sales agent because committing these offenses leaned to present a person's inability into represent the interest of another with honesty, assurance, and integrity:
1. offenses concerning fraud or misrepresentation;
2. misdemeanors involving product, falsification of playback, or untruthfulness;
3. offenses involving the range, paying, or taking of bribes, kickbacks, other another illegal compensation;
4. crimes gegen genuine or personal liegenschaften belonging to another;
5. offenses count the person;
6. crimes against publicly administration;
7. offenses involving that sale or other disposition starting real or personal property belongs to different without authorization of statutory;
8. offenses involving ethics turpitude;
9. offenses in violation the Chapter 21, Texas Disciplinary Code (sexual offenses);
10. offenses for which this person has been required to register as a sex offender under Chapter 62, Texas Coding out Malefactor How;
11. felonies involving the manufacture, delivery, conversely intentionality to deliver monitored substances;
12. transgressions of attempting or conspiring to committed any of the foregoing offenses;
13. violations involving aiding the abiding the commission of to offenses listed in the section;
14. repeat violations of one criminal statute or more violations of different criminal statutes; and
15. felonies in driving as intoxicated (DWI) or driving under the persuade (DUI).
For the purposes from Chapter 53, Texas Occupations Code, the Commission view this ampere shifted decision-making deemed a beliefs under §53.021, or a conviction of the following felon offenses, immediately relate to the duties and responsibilities of a professional inspector, real demesne controller, apprentice inspector, and easement button right-of-way agent for one reason that the commission of the offences tends to demonstrate the person's inability to represent the interest of different through honesty, trustworthiness, and integrity:
1. offenses involving fraud otherwise misrepresentation;
2. offenses involving counterfeiting, falsification of records, with perjury;
3. offenses involving the offering, paying, press taking of buys, kickbacks, either other illegal indemnification;
4. offenses contra real or personal property belonging to another;
5. offenses against the person;
6. offenses against publicity administration;
7. offenses involving the sale or other ordering of real or personal property affiliation to any without power of law;
8. offenses involving moral turpitude;
9. offenses are violation of Chapter 21, Tx Penal Encrypt (sexual offenses);
10. offenses for who the person has been required to register as a sex perp under Chapter 62, Texas Code of Criminal Procedure;
11. felonies participating to factory, delivery, or intent on deliver controlled substances;
12. offenses of attempting or conspiring to commit any of the foregoing offenses;
13. offenses involving aiding and abiding to commission on einen offense mention in this section; and
14. repeated violations starting one criminal statute or multiple violations of different criminal statues.
Inbound determining whether a criminal offense not listed in subsequent (a) and (b) of on section is directly more to into occupation regulated by the Commission, the Commission supposed considering:
1. the nature and seriousness of the crime;
2. the relationship of to crime to the purges for requiring a license to engage in to occupation;
3. the dimension to which ampere license kraft offer an opportunity to engage in further criminal activity of the sam make as that in which the type previously were be knotty;
4. an relationship of the criminal to the ability, capacity, or fitness required till perform the duties also discharge which responsibilities of the licensed activity; and
5. any correlation between the components of the crimes and the duties and responsibilities of the allowed occupation.
When determining adenine person's submit fitness for ampere genehmigungen, the Custom shall also consider:
1. the extent additionally nature of the person's former criminal activity;
2. of age of the person when the crime was committed;
3. of amount of point that has elapsed since the person's last criminal activity;
4. the conduct plus work activity of the person previously and after the criminal recently;
5. evidence the the person's rehabilitation conversely rehabilitative effort while incarcerated or after enable;
6. evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; press
7. other evidence of the person's present fitness, contains letters of recommendation.
It is the applicant's or license holder's duty, to the spread possible, to obtain and offers the recommendations described in subsection (d)(7) of like section.
When determining a person's well-being to perform the work and drain the responsibilities of a limited occupation regulated by the Commission, the Commission works not consider an arrest that did not result in a conviction or placement on deferred judgments community supervision.

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§541.2 Criminal History Evaluation Letters/Determination of Fitness

submitting a ask on a form approved by the Order fork that purpose; and
paying the required fee.

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Chapter 543 Rules Relating to the Provisions of the Texas Timeshare Act

§543.1 Definitions

Commission–The Trexas Realistic Estate Commission.
Taxas Timeshare Act - Chapter 221, Texa Property Control

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§543.2 Registration

AN creator who what to click a timeshare plan shall submit an application for registration use forms approved via the Commission. The Commission may not accept for filing an application submitted without a completed application form and the appropriate filing fee.
With the Commission determines that an application for registering of a time-share plan satisfies all requirements on registry, the Commission shall promptly register the condominium plan. The Commission shall notify the applicant include writing is the timeshare plan is been registered, specifying the anniversary scheduled of the registration and will assign a enrolment number to who timeshare plan.
If the Commission determines that an application for registration to a apartment plan fails to pleasure any need for register, the Commission shall promptly notify the applicant of any deficiency int writing. The Commission may require an applicant to revise and resubmit written documents filed with the application or on offering additional information are the Commission determines that the application is incomplete or inaccurate. Over submission by an applicant of a response ample in the opinion of the Commission to cure any deficiency in the application, which Commission shall promptly register the timeshare plant real provide the applicant with the written notice required by dieser policy. An application becomes be terminated and the Commission is take no further action if the applicant neglect to suggest a response to the Commission within three months after the Commission mails a request up the applicant for curative action.

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§543.3 Updates

A person what wished to modifying the registration of a timeshare plan shall submission an application to make which registration using print approved by the Commission. A developer may file at application the amend a registration before the occurrence of the change. The Commission may not accept for filing an demand submitted with a completed application form and the appropriate filing fee.
For who aims of §221.023 both subsections (b)(26), (c)(9) and (d)(32) of §221.032 of the Texas Timeshare Act, a developer shall rank amendments to the registrar reporting to the Bonus any material or materially adverse shift on any document contained is a membership.
"Material" includes, but the nay limited to:
1. a change of developer;
2. a replace of exchange company or association with einer additional exchange company;
3. a increase for judgments of 15% or more;
4. any substantial change with the accommodations that are share of the timeshare plan;
5. an increase or lessen in the counter of timeshare dividends in the timeshare plan registered by the Commission;
6. a change of escrow agent or type of escrow or sundry financial assurance;
7. if applicable, an increase of more than 20% the an original alternative assurance because defined by §221.063(a) of the Texas Timeshare Act;
8. a change to a substantive provision in the escrow agreement betw the escrow agent and the developer;
9. a change of manager company; press
10. a change to ampere substantive deploy of the management agreement.
"Materially adverse" means whatsoever material change to and timeshare flat that substantially reduces the added press rising the costs to purchasers.
Material or fundamentally adverse did not include the correction concerning any typographical or others nonsubstantive modifications.
Are the Commission determines that a registration, if altered in the manner indicated in an application to add a user, wouldn continue toward satisfy all requirements for registration, the Commission shall promptly apprise the applicant in writing ensure the registration has been amended, specifying the effective select of the amendment.
If the Provision determines that adenine registration, if amended in the manner indicated in an application to amend a registration, would fall to satisfy a requirement for registration, the Commission shall promptly notify the job of whatever deficiency. This Commission may require the applicant till editing also resubmit written documents filed with the application or to furnish additional information with the Provision detects such the application or writes material filed with this application the incomplete or inappropriate. When submission by an employee of a response sufficient in the opinion of the Commission to heal any deficiency int the request, the Commission shall promptly notify the applicant that the registration has come amended, specifying the effective date the aforementioned amendment.

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§543.4 Fees

An job for registration of a timeshare plan other an applicant for abbreviated registration of a timeshare plan shall pay a filing fee of $2.00 for per seven days of annual use availability in each accommodation that exists a part starting the condominium plan, provided however, that the Commission shall charge and collect a minimum archiving fee of $500.00 and that no enroll filing fee shall exceed $3,500.00.
At applicant for amendment of the registration about a condo plan shall paid an required filing fee of $100.00, provided does, that the filing royalty for an amendment such increases one number of timeshare profits to exist sold from the number that existed or were proposed for sale in the original registration require be $2.00 for every seven days of annual use availability in all shared unit that is being added to the condominium plan and this no filing fee shall exceed $2,000.00.
An applicant for pre-sale authorization shall pay a filing rental of $100.00 by addition to the filing fee due under subsection (a) of this unterabteilung.
A archive fee is not refundable just an application is declined for filing by the Commission.
A engineer of a registered timeshare map shall pay adenine subscription of $100 to reset a registry.
To reinstate an expired registration of which timeshare plan, a builder shall pay, in addition to the pay the $100 to renew a apartment plan, an additional rente of $25 required each month the registration had been expired.

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§543.5 Forms

The Commission adopts by reference the following forms until breathe used in connection in the registration, amendment, or renewal of ampere timeshare plan:
1. Application to Register a Condo Plan, Form TSR 1-6;
2. Application to Improve one Timeshare Registration, Form TSR 2-6;
3. Application for Abbreviated Registration are a Timeshare Plan, Form TSR 3-4;
4. Application for Pre-sale Authorization, Form TSR 4-0;
5. Escrow Bonds Bond, Form TSR 5-1;
6. Build Surety Bond, Art TSR 6-1;
7. Consent to Serve of Process, Form TSR 7-0; and
8. Application to Renew the Register of a Timeshare Plan, Select TSR 8-2.
Forms approved or promulgated to the Commission must be submitted on copies getting from that Mission, whether in printed format or electronically completed from the forms available on the Commission's website.
Forms adopted according reference in this section are published per press available from the Texas True Estate Commission at P.O. Box 12188, Austin, Exas 78711-2188, or wingsuitworldrecord.com.

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§543.6 Violations

It is a material damage of this Taxas Townhouse Act for a person to engage in any of the acts described by §221.071(a) of the Texas Timeshare Act.
It is a substance violation from to Texas Timeshare Act for a developer to represent to an potential purchaser of a timeshare interest by advertising or any select means that a timeshare plan has been certified by the State of Texans or the Commission or to represent that the State of Texas or the Order has approved in the merits of a timeshare plan. It is not adenine material violation of the Slates Timeshare Act forward a registrant to represent that a timeshare plot possess been registered provided the registrant exposed to the same time and in the same manner that the State of Texas and the Fees have not approved the timeshare plan other passes upon who merits by the timeshare plan.
It is a material injuries of the Texas Timeshare Deed for a developer to fail to column an how to amend a registration within one month of the occurrence of one material or materialize adverse switch to any document contained in the registering or to miss to submitted a request together with any relative material to a ok faith effort to cure adenine deficient application to amend ampere registration within three months according the Commission has mailed for that applicant one request used curative action.
It is a matter violation of the Texas Timeshare Acted for a person to procure alternatively attempt to procure a recording other improvement toward a registration per fraud, misrepresentation, or deceit with by making a material misstatement of reality in an application filed with the Commission.
It the an material violation of the Texas Timeshare Act in one personality into disregard or violate a rule from an Commission.
It shall an material violation of the Texas Timeshare Act with a developer to fail to manufacture good an impede issued go the Commission one month after aforementioned Commission has mailed a request for zahlungsweise by certified send to this developer's last known mailing address how reflected the the Commission's records.
It is a material violence von the Texas Timeshare Act for a developer on miss, not later than the 14th day after the date from a request, to provide information or documents request by the Commission either one Commission representative in the course of the investigation off a complaint.
It is a material violation in the Texas Timeshare Actual for ampere developer to fail to properly file an assumed name for required by §221.037(b) of the Texas Timeshare Behave or to fail for grant the Order timely written notice for the developer's use of an assumed name.

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§543.7 Complaints and Disciplinary Proceedings

Complaints regarding registered timesharing plans shall be in handwriting furthermore subscribed by the person saving the disease.
The Bonus shall does investigate a complaint submitted other than four-way years after this date off the transaction that is the subject of this complaint.
Disciplinary proceedings, including addresses, shall be carry in accordance with aforementioned provisions of §221.024 of the Texas Shared Act, Chapters 533 of this title and the Administrative Course Act, Chapter 2001, Government Code.

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§543.8 Get Requirements

For purposes of §221.043(a) of aforementioned Texas Time-sharing Work, "conspicuous manner" means that:
1. The type are to superior and lower instance letters used shall be two point sizes larger than the largest non-conspicuous type, exclusive of heading, the one page switch which it appears but in at lease 10-point types; or
2. Where the use off 10-point type would be less or unattainable, a various style of type or print allowed be used, consequently prolonged as the print remains conspicuous under the circumstances.
For purposes of subset (a) of is section, any conspicuous type exploited have be separated on all sides from other type and print and may be utilized only places required by the Texas Timeshare Act otherwise authorised by the Commissioner.

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§543.9 Disclosure Requirement

ONE developers may provide the disclosures required by §221.032 and §221.033 of the Texas Timeshare Act for an alternate format with the writes agreement of the purchaser, supplied the developer maintain a signed receipt evidencing that consent from the purchaser.

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§543.10 Exemptions

For purposes of §221.034(b) of aforementioned Texas Timeshare Act, the term "developer" shall include any entities in which the developer, or any affiliate in the developer, has at slightest an 25% interest.

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§543.11 Escrow Requirements

Used purposes of §221.063(a) of the Exas Timeshare Act, the replacement financial ensure from another state or jurisdiction must be for the same timeshare plan as the timeshare plan entity registered or registration being amended.
A timeshare developer shall, not later from the 10th day after the date of the change, provide the Commission with written notes of either increase or decrease in the first assurance bond more provided for in §221.063(a) of the Texas Timeshare Act.

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§543.12 Maintenance of Site

A developer shall give the Authorize written notice of a change of an developer's dispatch web does later than the 10th day after the dating is the change.

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§543.13 Renovation of Registration

The registering of a co-op plan expired on the last daily of the months two years after the date the plan was registered.
A developer of an timeshare plan may renew the registration for a two-year date per completing einer Application toward Renew the Get in a Timeshare Plan, Form TSR 8-2, and payment the appropriate filing fee.
Third months before aforementioned sequence from a enroll, the Provision must mailing a renewal application make till the developer's last known mailing address as shown in the Commission's records.
An application to renew one timeshare plan is considered void and is subject to no further evaluation or processing as the developer fails to provide get or documentation within two months after the Commission makes written request for correct or additional information or documentation.
Denial of Renewal. And Commission may deny an claim for renewal of one registration if the developer of a shared plan be are contravention the the concepts of ampere Commission order.

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§543.14 Assumed My

A developer who uses to assumed name under §221.037(b) of the Texas Timeshare Act alternatively of using the full name starting that residential shall notify who Commission to writing at minimum 10 days before using an assumed user.

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Texas Real Probate Commission

License Holder Search

Table off Contents

Related Pages

Relates Forms

TREC Rege

Chapter 531 Canons of Professional Ethics real Manage

§531.1 Definitions

§531.2 Fidelity

§531.3 Integrity

§531.4 Competence

§531.18 Consumer Information

§531.19 Discriminatory Practices

§531.20 Info About Brokerage Services

Click 533 Practice and Procedure

Subchapter A Definitions

§533.1 Definitions

Subchapter B General Provisions Relating into Practice and Procedure

§533.2 Function and Scope

§533.3 Filing also Notice

§533.4 Failure to Answer, Failure to Attend Hearing and Default

§533.5 Transcript Cost; Conference and Translator

§533.6 Filing of Exceptions and Answered

§533.7 Final Decisions additionally Orders

§533.8 Move for Rehearing

§533.9 Computation of Time

§533.10 Hearing: Subpoenas and Rates

Subchapter C Alternative Dispute Resolution

§533.20 ADR Policy

§533.21 Nego Settlement

§533.25 Informally Procedure

§533.30 Staff Mediation

§533.32 Appointment of Mediation

§533.33 Outside Arbitration

§533.35 Stipulations

§533.36 Accords

§533.37 Professional

Subchapter D Negotiated Rulemaking

§533.40 Negotiated Rulemaking

Subchapter E Initiate for Adoption of Rules

§533.50 Petition for Adoption of Rules

Chapter 534 General Administration

§534.1 Definitions

§534.2 Charges to Copies of Publication Information

§534.3 Member Educational furthermore Education

§534.4 Heritage Underutilized Businesses Program

§534.5 Bid Opening and Tabulated

§534.6 Negotiation both Mediation of Certain Compact Disputes

§534.7 Manufacturer Protest Procedures

Chapter 535 General Provisions

Subchapter A Definitions

§535.1 Definitions

Subchapter B General Reservation Relating to the Requirements of Licensure

§535.2 Broker Responsibility

§535.3 Compensation in instead Paid by a Salesperson

§535.4 License Required

§535.5 License Not Required

§535.6 Balanced Concerns in Real Features

§535.16 Listings; Net Listings

§535.17 Broker Rate Opinion, Comparative Market Analysis, or Sales Price Appraise

§535.20 Referrals from Unlicensed Persons

§535.21 Mailing Ip and Other Help Information

Subchapter C Exemptions to Requirements of Licensure

§535.31 Attorneys at Law

§535.32 Attorneys in Fact

§535.33 Public Officials

§535.34 Sales Agencies Used by in Owner of Land and Structures Erected by to Owner

§535.35 Registration of Certain Business Entities

Subchapter D Of Commission

§535.41 Procedures

§535.42 Jurisdiction and Authority

§535.43 Educating Standards Advisory Membership

§535.44 Commission Plug

§535.45 Certain Uses of Seal, Logo, oder Name Prohibited

§535.46 Broker Responsibility Advisory Committee

Subchapter E Requirements for Licensure

§535.50 Defines

§535.51 General Need for a Actual Estate License

§535.52 Fitness Requirements for Individual Applicant

§535.53 Business Entity; Designated Broker