A hydrostatic test is a way in which pipeline, plumbing, gas cylinders, boilers, and fuel tanks can be tested for strength and leaks. [Rule 535.147(b)], The intermediary may delegate to another license holder the authority to appoint license holders. RESIDENTIAL REAL ESTATE LISTING AGREEMENT EXCLUSIVE RIGHT TO SELL USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. Can a licensed inspector perform a hydrostatic test? [TRELA Â§1101.355 and Rules 535.50(5) and 535.53], TREC does not consider URLs or email addresses to be advertisements in and of themselves. On the Statement of Applicant page, select "Yes" to certify the address information is accurate and correct, and click "Next" to process the request. I am a sales agent. Ask about cancellation rights. When a broker maintains a trust account, documentary records of each deposit or withdrawal for that account must be retained for four years. Is the absence of a dirt or drip leg, 1. a deficiency? Paying the deferral fee allows you to continue to be active in real estate activities and provides an additional 60 days from your expiration date to complete your CE. For most business entities, the assumed business name is filed with the Secretary of State. [Rule 535.16(b)]. I am a 25% stockholder in a corporation that holds title to a number of investment properties. The mere presence of corrugated stainless steel tubing (CSST) is not, in itself, required to be reported as a deficiency, nor are inspectors required to notify the client of the litigation history or the risks associated with CSST. Drip and rake edge flashing materials are recommended by most shingle manufacturers but are not required. Does TREC consider a roof with roofing felt ending short of the drip edge and the rake not overlapped over the drip edge a required reporting deficiency? The Commission members have instructed the staff to enforce the law vigorously. [TRELA Â§1101.759] Finally, as a State Agency represented in civil court proceedings, TREC can obtain injunctive relief, including court costs and attorneys fees incurred in obtaining such relief. [Rule 535.155(b)(4) and TRELA Â§1101.652(b)(23)], Yes, as long as the size of the brokerâs name itself (not the whole logo) is at least Â½ the size of the largest contact information. If a broker has an exclusive listing with a seller, may another broker solicit a listing from the same seller that would begin after the other listing expired? Yesterday, I discovered a big problem with the house that was never disclosed to me. It depends. No. A license holder must disclose the fact that he or she represents a party upon the first contact with another party or a license holder representing another party. Note, however, that the Inspector Committee may consider a change to the Standards to create an exception for garage ceiling receptacles serving garage door openers. On the Attestation page, read the certification, select "Yes", and click "Submit" to process the request. 3. unsafe? No. LISTING SERVICES: A. Rule 535.34 provides guidelines to determine if evidence of an employer/employee relationship exists. If the required documents were previously submitted in a prior application, the applicant may explain this fact. If the underlying conduct violates Â§1101.652(a-1)(1) or Â§1101.652(b) of TRELA, disciplinary action can be taken against the license holder for the underlying conduct. About the Book Author. We also accept copies of tax records which indicate ownership. A gift card from a bank (e.g. Can an attorney get a broker license without first being licensed as a sales agent? You may also wish to consult with a private attorney before any possible warranties or other legal remedies expire. It is best to disclose it as early as possible but it must be disclosed in the contract, lease, or in another written document given to the other principal before the agreement is signed. However, it is important to keep in mind that fastening of shingles is required to be checked by random sampling, so this condition is only required to be reported as identified though such sampling. Also, although TREC does not regulate where a license holder places a sign, a license holder is responsible for compliance with any rules, restrictions, or regulations covering placement of a sign in their local area. You have to provide the appropriate cancellation notice to the developer before the sixth day after you signed the contract. Is a TREC inspector required to report the presence of CSST as a deficiency? [Rule 535.154(a)(5)]. Does TREC determine which brokerage business names may be registered with the agency if a name is similar to others already registered? Do the Standards of Practice require inspectors to report as deficient the presence of a transite pipe to be reported? A license holder's bankruptcy does not affect a pending complaint or limit disciplinary action by TREC. [Rule 535.63(a)] To be eligible for a Texas license, an out-of-state license holder must meet all current Texas licensing requirements found on our website. Late fees will be waived for … Is the inspector required to inspect a water metering device to determine if a leak may exist? A âyesâ answer to the criminal questions on a reinstatement application requires an applicant to submit a Background History form along with copies of the offense court records and a written explanation. We do not provide advice on how to run or set up a referral-based brokerage business (or LFRO). [See Â§Â§535.2(g), 535.154, and 535.155 (effective May 15, 2018); TRELA 1101.652(b)(23)]. Consult the contract or the timeshare disclosure statement you received for instructions on how to proceed. Yes. As a licensed inspector I would like to advertise that my company performs wood destroying insect inspections. Since the cruise would have a value greater than $50, it is defined as valuable consideration. [TRELA Â§1101.652(b)(24)]. TREC does not have jurisdiction over builders. [TRELA Â§1101.751]. The Statute of Frauds, as defined by Chapter 26 of the Business and Commerce Code, requires that certain agreements be reduced to writing to be enforceable. Can a license holder offer to give a $50 gift card to an unlicensed person for referring a potential lessee or buyer?
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