Acknowledgments. MCE Writing Group Richard Crow Kerri Lewis Marty Kramer Sharon Teusink Byron Underwood Ron Walker Denise Whisenant Avis Wukasch

Similar documents
Acknowledgments. MCE Writing Group Richard Crow Kerri Lewis Marty Kramer Sharon Teusink Byron Underwood Ron Walker Denise Whisenant Avis Wukasch

Eltife, et al. ORGANIZATION bill analysis 5/24/2015 (Kuempel) Licensing and Administrative Procedures favorable, without amendment

PUBLICATION 2080 A Reprint from Tierra Grande magazine. Small Parcels Yield Higher Prices. Figure 1. Land Market Regions.

UNIT 4: JOHN MATHIS CONTRACTS

PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

Broker Responsibility Supplement

Whether business is good or bad, questions abound

None of us will live forever. When contemplating death, JANUARY 2014 (Revised July 2015) Legal Issues A Reprint from Tierra Grande magazine

LOUISIANA REAL RULES AND REGULATIONS (As amended through June 2017)

Broker Responsibility Supplement

Surveying and Engineering Ethics and Standards

Lesson 10: Additional Broker Duties

Lesson 1: Introduction

MacIntosh Real Estate School Colorado Course - Chapter 14

Title 32: PROFESSIONS AND OCCUPATIONS

Unauthorized. Chapter 5 1. CSST Lightning Safety Awareness

Sales Associate Course

SC REAL ESTATE COMMISSION.

Lesson Eight: Clarifying Agency Relationships

PART 2.7 DEPARTMENT OF GOVERNMENT SERVICES REAL ESTATE REGULATION

Acknowledgments. CE Writing Group Rick Albers Kerri Lewis Jan Fite-Miller Mark Moore Pat Strong Denise Whisenant Avis Wukasch

Sales Associate Course

Kansas Real Estate Commission

Following the collapse of the savings and loan industry. Appraising the Appraisal Process. PUBLICATION 1977 A Reprint from Tierra Grande

TEXAS HOUSING INSIGHT

Website:

22 Real Estate Licensing and

Bubble Vision. House prices in the United States increased dramatically. PUBLICATION 2048 A Reprint from Tierra Grande magazine

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES

Indiana Real Estate Commission

PUBLICATION 1980 A Reprint from Tierra Grande

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES

PREMIER SCHOOLS, INC WOODBINE STREET LOS ANGELES, CALIFORNIA (310)

ARTICLE APPRAISAL MANAGEMENT COMPANIES CHAPTER APPRAISAL MANAGEMENT COMPANIES

Principles of Real Estate I--TREC 121. Table of Content

As Reported by the House Civil Justice Committee. 132nd General Assembly Regular Session H. B. No

ARKANSAS REAL ESTATE COMMISSION. Executive Director Comments By Gary C. Isom, Executive Director. July Make Every Connection Matter

A Reprint from Tierra Grande

APPRAISAL MANAGEMENT COMPANY

Bringing Down the House?

Licensee Relationships. Course Goals. Who s Your Client? Duties to Clients 9/7/2011

Foreclosure and Blighted Property: Tools for Municipal Officials

Upcoming RASM Education Courses

Summary Report. Property Tax Limitations

PUBLICATION 2018 A Reprint from Tierra Grande magazine Real Estate Center. All rights reserved.

SENATE, No. 901 STATE OF NEW JERSEY. 209th LEGISLATURE INTRODUCED FEBRUARY 7, 2000

RULES OF THE TENNESSEE ALCOHOLIC BEVERAGE COMMISSION CHAPTER RULES FOR SALES OF WINE AT RETAIL FOOD STORES TABLE OF CONTENTS

Nevada Real Estate Division Complaints

RULES AND REGULATIONS FOR LICENSE BROKERS

Broker Responsibility Course (Corr.) #31450

KRS 324A A.150 Definitions for KRS 324A.150 to 324A.164. Effective: June 25, 2013

CHAPTER 8. LESSORS AND LEASE FACILITATORS

The trusted source for Lowcountry real estate information for more than 100 years CharlestonRealtors.com

RULES OF THE TEXAS REAL ESTATE COMMISSION

The Boerke Company, Inc. / Independently Owned and Operated / A Member of the Cushman & Wakefield Alliance Cushman & Wakefield Copyright 2017.

ALABAMA REAL ESTATE COMMISSION ADMINISTRATIVE CODE CHAPTER 790 X 3 DISCIPLINARY ACTIONS TABLE OF CONTENTS

ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

CHAPTER APPRAISAL MANAGEMENT COMPANIES

Authorized By: New Jersey Real Estate Commission, Dawn Rafferty, Executive Director

DOWNLOAD OR READ : TEXAS REAL ESTATE COMMISSION DISBURSEMENT FORM PDF EBOOK EPUB MOBI

LICENSE LAW & ESCROW HOME STUDY PROGRAM (CORE CURRICULUM - PART A) 3 CREDIT HOURS. 10/05-v3

HRS 467, Real Estate Brokers and Salespersons - Chapter 7 Real Estate Laws NAR National Association of Realtors State Organizations That Protect

Continuing Education for Florida Real Estate Professionals By Edward J. O Donnell. Update to Reflect Recent Law Changes

NORTH CAROLINA ADMINISTRATIVE CODE TITLE 21 CHAPTER 57 SUBCHAPTER 57A REGISTRATION, CERTIFICATION AND PRACTICE

APPLICATION CHECKLIST - IMPORTANT - Submit all items on the checklist below with your application to ensure faster processing.

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES

ENROLLED HOUSE BILL No. 4975

Pennsylvania Real Estate Fundamentals & Practice Course. 75 Hour Course Outline

HP0144, LD 165, item 1, 124th Maine State Legislature An Act To Supervise and Regulate Escrow Agents in Order To Protect Consumers

A Bill Regular Session, 2017 HOUSE BILL 1730

R162. Commerce, Real Estate. R162-2e. Appraisal Management Company Administrative Rules. R162-2e-101. Title. R162-2e-102. Definitions.

1250 Lincoln Avenue Waukesha, WI

Chapter 12: Conservation Easements

Home sales in 2008, 2009 and 2010 were sluggish all

CONTINUING EDUCATION (CE)

Summary of BRE Regulations Regarding Team Names and Fictitious Business Names

WEST PALM BEACH OFFICE 500 SOUTH AUSTRALIAN AVE., SUITE 620 WEST PALM BEACH, FL OFFICE: FAX:

Maintaining a License.

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE. Sponsored by: Senator NELLIE POU District 35 (Bergen and Passaic)

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled

DIVISION OF CORPORATIONS, BUSINESS AND PROFESSIONAL LICENSING

TREC Advisor. TREC Advisor. Issues with Inserting Escalation or Appraisal Contingency Clauses in Paragraph 11, Special Provisions

INSURANCE DEPARTMENT OF BANKING AND INSURANCE DIVISION OF THE NEW JERSEY REAL ESTATE COMMISSION REAL ESTATE COMMISSION

Office Building Mayfair Rd/Hwy N Mayfair Rd Wauwatosa, WI. Property Highlights. For more information Rachel Schmidt, CCIM.

Pre-Pour Foundation Inspection Report. Point to Point Inspections, PLLC Peter J. Day TREC Lic. # 21160

21 NCAC 57A.0204 is proposed for amendment as follows: 21 NCAC 57A.0204 CONTINUING EDUCATION (a) All registered trainees, real estate appraiser

Arkansas. Appraiser Licensing and Certification Board. Appraisal Management Company Statutes. Subchapter 1 General Provisions

RE: Proposed Amendments to Texas Real Estate Commission Rules

Bureau of Education & Testing Continuing Education Unit

UNIT 5: JOHN MATHIS CONTRACTS

Public Notice of Rulemaking

Real Estate 63-Hour Sales Associate Pre-Licensing Course. Topics Covered & Learning Objectives

BUSINESS OCCUPATIONS AND PROFESSIONS TITLE 15. PROFESSIONAL LAND SURVEYORS SUBTITLE 1. DEFINITIONS

Legal Update I #33197 (Correspondence)

Chapter 2 Summary. License Law Rules and Regulations

DRE MISSION. To protect the public in real estate transactions and provide related services to the real estate industry.

Real Estate Recording Legislation Includes URPERA

Georgia. Fiscal Year Annual Report. Real Estate. Commission

Madison Commercial Real Estate & Development, 2912 Marketplace Drive, Suite 106, Madison WI 53719

LOGO. Colorado Association of REALTORS Recommendations regarding the Sunset Review of the. Colorado Real Estate Commission and Division

Transcription:

Acknowledgments Real Estate Center Staff Gary Maler, Director David Jones, Communications Director Denise Whisenant, Education Coordinator Robert Beals II, Art Director Kari Rives, Graphic Designer JP Beato III, Photographer MCE Writing Group Richard Crow Kerri Lewis Marty Kramer Sharon Teusink Byron Underwood Ron Walker Denise Whisenant Avis Wukasch Texas Real Estate Commission Avis Wukasch, Chair Bill Jones, Vice Chair Joanne Justice, Secretary Troy Alley Adrian Arriaga Jaime Blevins Hensley Weston Martinez Thomas (TJ) Turner Chart Westcott Real Estate Center Advisory Committee Kimberly Shambley, Chairman C. Clark Welder, Vice Chairman Mario Arriaga James Boyd Russell Cain Jacquelyn Hawkins Walter Ted Nelson Stephen Doug Roberts Ronald Wakefield Bill Jones, ex-officio

Chapter 1 Update& TREC Statute Rules Statutory Changes to Texas Real Estate License Act (TRELA, Act) Senate Bill 699 amends Chapter 1101 of the Texas Occupations Code (Texas Real Estate Licensing Act, TRELA), which regulates the licensing of real estate agents and brokers. The bill clarifies and expands various definitions to ensure Texas Real Estate Commission (TREC) has the tools needed to adequately protect Texans and updates terminology throughout the Act to current TREC practices. Specific statutory changes: * Terminology changes: Salesperson is now Sales Agent; Administrator is now Executive Director; Core education is now Qualifying education. * Clarifies that acts of brokerage include advice regarding the negotiation or completion of a short sale and optioning property through lease to purchase. * Allows TREC commissioners and staff to make uncompensated presentations to groups of license holders with those presentations being able to qualify for continuing education credit (1101.061). * Provides TREC additional flexibility regarding the content and delivery of various statutory notices to consumers, including Information About Brokerage Services (1101.202, 1101.558, and 1101.605). * Clarifies that a current license term period is 24 months (1101.451). * Requires additional education if an applicant fails the examination three times (1101.405). * Requires the eight hours of non-elective CE be taken before first renewal of sales license (1101.454). * Clarifies TREC s ability to set continuing education (CE) requirements by rule, subject to a minimum requirement of 15 hours and limits TREC s ability to increase CE hours by no more than three hours over a license term (1101.455). * Expands legal and ethics continuing education course to eight hours to include more content on promulgated contracts and the other listed statutory topics (1101.455). * Sets reporting restriction to match the continuing education hours claimed (replacing the 24-hour rule) (1101.455). * Adds a two-year waiting period for reapplication after revocation, surrender, or denial of a license after the opportunity for a hearing (1101.663). * Allows agency s investigative files to remain confidential until the investigation is completed (1101.2051). * Updates certain procedures regarding a respondent s failure to appear at hearing and authorizes cost recovery for the agency should a SOAH judge Chapter 1 1

deem it appropriate (1101.664). * Clarifies the process for contributions to, replenishment of, and claims against the recovery fund (1101.603 and 1101.605). * Establishes a connection between a designated broker and business entity broker regarding claims against the recovery fund (1101.6011 and 1101.610). * Clarifies that timely repayment of the fund is necessary to maintain a license (1101.665). Commission Rule Changes It is every license holder s responsibility to know and operate under the current laws applicable to their license. TREC communicates proposed and adopted rule changes to license holders eight times each year through the Advisor electronic newsletter. Recently adopted or proposed rules can also always be found on the TREC website at www.trec.texas.gov/formslawscontracts/rules_codes/rule.asp. This section highlights certain rule changes adopted by TREC since January 1, 2014. Some of the legislative changes above will require rule changes, so be sure to read the TREC Advisor regularly to stay informed. * Licensee is now license holder throughout the rules. * 535.2, Broker Responsibility Requires the broker give notice of the scope of authorized activities to a sponsored sales agent in writing. * 535.4, License Required Holds a person conducting brokerage business from another state through the mail, Internet or other medium under the jurisdiction of Texas Real Estate Licensing Act if the property is located in Texas. * 535.44, Commission Seal, (New) clarifies TREC seal may be used only by TREC. * 535.53, Business Entity; Designated Broker The amendments clarify the requirements necessary to apply for a business entity broker license and add language regarding what is required to meet the in good standing TREC standard set out in 1101.355 of the Texas Occupations Code for a broker to act as designated broker for a business entity. For example, a broker may not act as a designated broker for an entity if the broker s license was revoked or suspended, including probated revocation or suspension, in the past two years or if the broker has any past due monetary obligations to TREC. * Subchapter E Regarding Requirements for Licensure, were reorganized and clarified. * Subchapters F and G Regarding Requirements for Education Providers, Course and Instructors for Qualifying and CE Education were reorganized and clarified. * 535.91 Renewal of a Real Estate License The fee to defer completion of continuing education for up to an additional 60 days will now be due at the time of the filing of the renewal application and CE credit for a subsequent licensing period will not start until after all deferred CE has been completed. * 535.93. Late Renewal Applications A CE deferral fee and a CE late reporting fee may be due depending on when CE for the subsequent licensing period was completed. * 535.146, Maintaining Trust Money (New) combines and replaces 535.146, 535.159 and 535.160. It clarifies that a broker may only authorize another license holder to withdraw or transfer money from a trust account. The broker still remains ultimately responsible and accountable for all trust funds. 2 Chapter 1

* 535.401, Required Notices The amendments update and clarify the form Easement and Right-of-Way that agents are required to give a consumer prior to the consumer entering into a transaction concerning an easement or right-of-way. * 535.223, Standard Inspection Report Form The amendments notify consumers regarding potential hazards with improper bonding of corrugated stainless steel tubing (CSST) or other metal gas tubing by adding language to the Consumer Notice Concerning Hazards or Deficiencies section, in the standard inspection form Property Inspection Report Form REI 7-5. Chapter 1 3