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A provider may add additional questions to the end of the Commission evaluation questions or request the students to also complete the provider's evaluation form. A complaint which names a licensed real estate sales agent as the subject of the complaint but does not specifically name the sales agent's sponsoring broker, is a complaint against the 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 his or her professional responsibilities provided the complaint concerns the conduct of the sales agent as an agent for the broker. Standard inspections performed by a license holder and reported on Commission promulgated report forms may contain additional information a buyer should consider in making a decision to purchase." Competency. The person is engaged in the business of selling goods or services to the public. prepared by the Texas Real Estate Broker-Lawyer Committee (the committee) and approved by the Commission for voluntary use by license holders. A Commission member shall recuse themselves from all deliberations and votes regarding any matter: the member reviewed during an informal proceeding pursuant to 533.25 of this chapter; involving persons or transactions about which the member has a conflict of interest; or. Real estate license holders may receive continuing education elective credit for qualifying real estate courses or qualifying real estate inspection courses that have been approved by the Commission or that are accepted by the Commission for satisfying educational requirements for obtaining or renewing a license. The Committee may submit its written recommendations concerning the requirements or qualifications, as applicable, for real estate education providers, instructors, and courses to the Commission at any time the Committee deems appropriate. Providers are responsible for keeping current on changes to the Act and Commission Rules and must revise or supplement materials for approved courses when changes are adopted on or before the effective date of those statutes or rules. pay the fee required by 535.101 and 535.210 of this title. Geographic: A license holder must be competent to perform real estate transactions Talk to ancillary service providers. for an applicant who failed the state part of the examination, Texas Law Module, or Texas Standards of Practice Module. If the Commission determines that issuance of a probationary license is appropriate, the order entered by the Commission with regard to the application must set forth the terms and conditions for the probationary license. A broker may only disburse money from the broker's trust account in accordance with the agreement under which the money was received. An apprentice inspector or real estate inspector who is on active status may act for the new sponsoring professional inspector once the Commission has been notified of the change and any required fee has been submitted. normal promotional or educational activity that is not conditioned on the referral of business and that does not involve the defraying of expenses that otherwise would be incurred; a payment at market rates to any person for goods actually furnished or for services actually performed; or. With the exception of proceedings in contested cases, meetings must be conducted in accordance with Robert's Rules of Order. the number of layers of roof covering material; exhaustively examine all fasteners and adhesion; or. Analysis of Findings and Reporting Module, if required for licensure under 535.214 of this title (relating to Education and Experience Requirements for Licensure). Approved Qualifying Courses of Study. A person who owns property jointly may sell and convey title to his or her interest in the property, but to act for compensation or with the expectation of compensation as an agent for the other owner, the person must be licensed unless otherwise exempted by the Act. in a format and authenticated in manner acceptable to the Commission. the Texas license holder has filed a Credit Request for an Out-of-State Course Credit Request, with the Commission. an inspection of an improvement to real property that includes the structural and equipment/systems of the unit constitutes a single inspection. In support of the request, the protestor or appellant is required to show why a stay is necessary and that harm to the Agency will not result from the stay. An applicant for pre-sale authorization shall pay a filing fee of $100.00 in addition to the filing fee due under subsection (a) of this section. maintain a fixed office in the state of Texas or designate a resident of this state as attorney-in-fact to accept service of process and act as custodian of any records in Texas which the provider is required to maintain by this subchapter. be supervised by a currently licensed inspector who has: been actively licensed as a Professional Inspector for at least five years; and, at least three years of supervisory or training experience with inspectors; or, performed a minimum of 200 real estate inspections as a Texas professional inspector; and. A license holder may reinstate an expired license if the license holder: has held a professional inspector or real estate inspector license during the 24 months preceding the date the reinstatement application is filed; submits evidence satisfactory to the commission of successful completion of the continuing education hours required for the renewal of that license; and. Records. 79 Tuesday, No. Unless the order granting a probationary certificate specifies otherwise, a probationary certificate holder may renew the certificate after the probationary period by satisfying the requirements under 535.403. The following persons may submit real estate qualifying courses for approval for credit in 535.62(i) of this subchapter (relating to Approval of Qualifying Courses) without becoming an approved provider of qualifying courses: a person approved by a real estate regulatory agency to offer qualifying real estate courses in another state that has approval requirements for providers that are substantially equivalent to the requirements for approval in this state; an accredited college or university in accordance with 535.66 of this subchapter (relating to Credit for Courses Offered by Accredited Colleges or Universities) where courses are offered in accordance with national or regional accreditation standards; a post-secondary educational institution established in and offering qualifying real estate courses in another state; a United States armed forces institute; and. Acting as a principal, a person may purchase, sell, lease, or sublease real estate for profit without being licensed as a broker or sales agent. If a secondary provider wants to offer a course currently approved for another provider, the secondary provider must: submit the course application and approval forms including all materials required; submit written authorization to the Commission from the owner of the rights to the course material granting permission for the secondary provider to offer the course; and. Withholding income taxes and Federal Insurance Contributions Act (F.I.C.A.) A real estate license holder may not perform an appraisal of, or provide an opinion of value for, real property unless the license holder is licensed or certified under Texas Occupations Code, Chapter 1103. A sales agent applicant must attain a passing score of at least 70% in each portion of the sales agent licensing examination. It is not a material violation of the Texas Timeshare Act for a registrant to represent that a timeshare plan has been registered if the registrant discloses at the same time and in the same manner that the State of Texas and the Commission have not approved the timeshare plan or passed upon the merits of the timeshare plan. The program must be: limited to use only by a principal of a transaction; and. If the Commission has sent a request for payment in accordance with the provisions of this section, and the license holder or applicant fails to make good on the payment in the form of a cashier's check, money order, or credit card payment within 30 days after the Commission has mailed the request, the license will be placed on inactive status. For real estate CE courses, examinations are only required for non-elective CE courses and must comply with the requirements in 535.72(g) of this subchapter (relating to Approval of Non-elective Continuing Education Courses) and have a minimum of four questions per course credit hour. the condition and performance of windows and components. This document is published by and available from the Texas Real Estate Commission, P.O. The provider shall advertise a course for the full clock hours of time for which credit is awarded. Standards for course approval. The investigation of complaints and disciplinary action by the Commission against registrants will be conducted in accordance with the Act and 535.141 of this title (relating to Initiation of Investigation; Order Requirements). The Commission member or staff members may also recommend that no further action be taken. 1102.303 acting in conflicting capacities, i.e. The testing service shall schedule and conduct the examinations in the manner required by the contract between the Commission and the testing service. The broker must confirm to the Commission in writing that the broker has given all sales agents sponsored by the broker written notice of termination of sponsorship at least 30 days before filing the application for inactive status. An applicant is eligible to take a qualifying examination for a license after the Commission has received evidence of completion of all education and experience required by this subchapter. The following is prima facie evidence of commingling trust money with the broker's own money: placing trust money in a broker's personal or operating account; or. effectiveness of backflow or anti-siphon devices. Such understanding will not be imparted solely . request additional information be provided to the Commission relating to an application; and. The Commission shall charge and collect the following fees: a fee of $150 for filing an original or reinstatement application for a real estate broker license, which includes a fee for transcript evaluation; a fee of $72 for the timely renewal of a real estate broker license; a fee of $120 for filing an application to step down from a real estate broker license to a real estate sales agent license; a fee of $150 for filing an original or reinstatement application for a real estate sales agent license, which includes a fee for transcript evaluation; a fee of $66 for the timely renewal of a real estate sales agent license; a fee equal to 1-1/2 times the timely renewal fee for the late renewal of a license within 90 days of expiration; a fee equal to 2 times the timely renewal fee for the late renewal of a license more than 90 days but less than six months after expiration; the fee charged by an examination provider pursuant to a contract with the Commission for taking a license examination; a fee of $10 for deposit into the real estate recovery trust account upon the filing of an original sales agent or broker application; a fee of $50 to request an inactive broker license be returned to active status; a fee of $50 for filing a fitness determination; a fee of $400 for filing an application for accreditation of a qualifying education program for a period of four years; after initial approval of accreditation, a renewal fee of $200 a year for operation of a qualifying real estate education program; a fee of $50 plus the following fees per classroom hour approved by the Commission for each qualifying education course for a period of four years: $10 for classroom delivery design and presentation review; and. Mandatory qualifying courseA qualifying course that an applicant is required to take to fulfill licensing requirements as mandated by 1101.358 of the Act. Auctioneers are not required to be licensed under the Act when auctioning real property for sale. Farm and Ranch and unimproved land transactions: Rental property management rent collection5 points per property. An applicant for an initial sales agent license must provide the Commission with satisfactory evidence of completion of 180 hours of qualifying real estate courses as required under the Act as follows: 30 hours of Promulgated Contracts Forms; and. three years of experience in teaching and/or sponsoring trainees or inspectors. If, after allocating the actual damages and interest thereon as provided by paragraph (1) and (2) of this section, the limitations in 1102.359 of Chapter 1102, are not reached, other interest, attorney fees, and court costs are allocated third. In addition to completing statutory minimum continuing education requirements, each sponsored sales agent receives such additional educational instruction the broker may deem necessary to obtain and maintain, on a current basis, competency in the scope of the sponsored sales agent's practice subject to the Act. A member whose term has expired holds office until the member's successor is appointed. Application to Renew the Registration of a Timeshare Plan, Form TSR 8-2. Complaints must be in writing, and the Commission may not initiate an investigation, or take action against an approved provider or instructor, based on an anonymous complaint. inclusion on lists of inspectors contingent on other financial agreements. Each inspector must maintain a high standard of professionalism, independence, objectivity and fairness while performing inspections in a real estate transaction. A broker must notify the Commission in writing not later than the 10th day after the date the broker stops using an assumed business name. A license holder who is engaging in real estate brokerage by selling or buying or offering to sell or buy an option or assigning or offering to assign an interest in a contract to purchase real property must disclose to any potential seller or buyer that the principal is selling or buying an option or assigning an interest in a contract and does not have legal title to the real property. 24 hours of an approved interactive experience training module. failing to comply with any term of an administrative order issued by this state, any other state, or the federal government, including failure to pay an administrative penalty. pay the appropriate fee as required by 535.210 of this title; comply with the fingerprinting requirements of Chapter 1102, Occupations Code; satisfy the applicable continuing education requirements of Chapter 1102, Occupations Code, and this subchapter; and. the execution of a writ of garnishment on any of the assets of the approved provider. If the Enforcement Committee grants a request for oral argument, oral arguments will be conducted in accordance with paragraphs (1) - (5) of this subsection. once the suspension is effective any apprentice or real estate inspectors he or she sponsors will no longer be authorized to inspect any real property unless the apprentice or real estate inspectors associate with another professional inspector and file a change of sponsorship with the Commission.