If the applicant proposes to employ another person to manage the operation of the applicant, that person must meet this standard as if that person were the applicant. Insufficient financial condition. Forms approved or promulgated by the Commission must be submitted on copies obtained from the Commission, whether in printed format or electronically completed from the forms available on the Commission's website. It is the responsibility of the salesperson on inactive status to pay all required license renewal fees timely to prevent the inactive license from expiring. AFF-A, Affidavit in Lieu of Documentation and/or Signature, to explain that the applicant made a good faith effort to obtain the documentation and/or signature, describing the effort to obtain the documentation and reasons why it is not available. Instructors of ride-along inspection course sessions may only receive up to 8 hours of continuing education credit for teaching the course per license period. To activate an inactive license, the license holder must meet the requirements of Subchapter L of this Chapter. Commission approval of non-elective course materials. The Commission shall elect a vice-chair and secretary at a regular meeting in February of each year. A provider may file a single application for a qualifying course offered through multiple delivery methods. Branch circuits, connected devices, and fixtures. conduct on-site audits without prior notice to an approved provider; and. exhaustively inspect insulated windows for evidence of broken seals; exhaustively inspect glazing for identifying labels; or, spacing between intermediate balusters, spindles, or rails for steps, stairways, guards, and railings that permit passage of an object greater than 4 inches in diameter, except that on the open side of the staircase treads, spheres less than 4-3/8 inches in diameter may pass through the guard rail balusters or spindles; and. Approval or disapproval of a renewal shall be subject to: the standards for initial applications for approval set out in this section; and. A person may acquire an option or enter into a contract to purchase real property and then sell or offer to sell the option or assign or offer to assign the interest in the contract without having a real estate license if the person: does not use the option or contract to purchase to engage in real estate brokerage ; and. Find out if there are continuing education courses offered in the area that include information about current local conditions in the real estate industry. Gas distribution systemAll gas lines between the point of delivery and appliance shutoff valves. If a broker permits a sponsored sales agent to conduct activities beyond the scope explicitly authorized by the broker, those are acts for which the broker is responsible. A provider must rotate all versions of the examination required by 535.62(b)(7) of this subchapter throughout the approval period for a course in a manner acceptable to the Commission and examinations must: require an unweighted passing score of 70%; and. the course is supervised and coordinated by a CE instructor qualified under 535.74 of this title who is responsible for verifying the attendance of all who request CE credit. For purposes of this section and 1101.652(b)(23) of the Act, an advertisement that misleads or is likely to deceive the public, tends to create a misleading impression, or implies that a sales agent is responsible for the operation of the broker's real estate brokerage business includes, but is not limited to, any advertisement: that is inaccurate in any material fact or representation; that identifies a sales agent as a broker; that uses a title, such as owner, president, CEO, COO, or other similar title, email or website address that implies a sales agent is responsible for the operations of a brokerage; that contains a team name with terms that imply that the team is offering brokerage services independent from its sponsoring broker, including, but not limited to, "brokerage", "company", and "associates"; that contains the name of a sales agent that is not the name as shown on the sales agent's license issued by the Commission or an alternate name registered with the Commission; that contains the name of a sales agent whose name is, in whole or in part, used in a broker's name and that implies that the sales agent is responsible for the operation of the brokerage; that causes a member of the public to believe that a person not licensed to conduct real estate brokerage is engaged in real estate brokerage; that contains the name or likeness of an unlicensed person that does not clearly disclose that the person does not hold a license; that creates confusion regarding the permitted use of a property; about the value of a property, unless it is based on an appraisal that is disclosed and readily available upon request by a party or it is given in compliance with 535.17; that implies the person making the advertisement was involved in a transaction regarding a property when the person had no such role; about a property that is subject to an exclusive listing agreement without the permission of the listing broker and without disclosing the name of the listing broker unless the listing broker has expressly agreed in writing to waive disclosure; offering a listed property that is not discontinued within 10 days after the listing agreement is no longer in effect; about a property 10 days or more after the closing of a transaction unless the current status of the property is included in the advertisement; that offers to rebate a portion of a license holder's compensation to a party if the advertisement does not disclose that payment of the rebate is subject to the consent of the party the license holder represents in the transaction; that offers to rebate a portion of a license holder's commission contingent upon a party's use of a specified service provider, or subject to approval by a third party such as a lender, unless the advertisement also contains a disclosure that payment of the rebate is subject to restrictions; that offers or promotes the use of a real estate service provider other than the license holder and the license holder expects to receive compensation if a party uses those services, if the advertisement does not contain a disclosure that the license holder may receive compensation from the service provider; that ranks the license holder or another service provider unless the ranking is based on objective criteria disclosed in the advertisement; or. For the purposes of this section: "Advertisement" has the meaning assigned by 535.155. The inspector shall report as Deficient: combustible material within thirty inches above the cook top burners; absence of an anti-tip device, if applicable; gas leaks in the gas range, cooktops and ovens not associated with the gas distribution system; and, thermostat accuracy (within 25 degrees Fahrenheit at a setting of 350 degrees Fahrenheit); and. The committee is automatically abolished on September 1, 2031 unless the Commission subsequently establishes a different date. Nader Ale Ebrahim currently works as a "Research Visibility and Impact" consultant. A provider may permit a student to take one subsequent final examination if the student fails the initial final examination. If the actual costs of providing copies exceed the charges established by the Office of the Attorney General, the Commission shall charge its actual costs, if approved by the Office of the Attorney General. The Commission will notify an applicant if the application for license is denied. constitutes a hazard to life, limb, or property as specified by these standards of practice. programme and meeting document. the absence of a cold water shutoff valve; if applicable, the absence of a pan or a pan drain system that does not terminate over a waste receptor or to the exterior of the building above the ground surface; burners, burner ignition devices or heating elements, switches, or thermostats that are not a minimum of 18 inches above the lowest garage floor elevation, unless the unit is listed for garage floor installation; the absence of or visible deficiencies in the temperature and pressure relief valve and discharge piping; and. This site requires javascript. Commission staff may assign a complaint to an investigator to conduct a field investigation or conduct an investigation by requesting a written response and documents. Approval of an application to renew an elective CE course approval shall be subject to the standards for initial approval set out in this section. Notice shall be provided by certified mail no less than ten days prior to the date of the conference to the last known mailing address of the respondent. If the total of the eligible actual damages of all claims exceeds the maximum that may be paid from the Real Estate Inspection Recovery Fund, the actual damages are prorated, and no interest, attorney fees, or court costs are paid. A sponsoring professional inspector may delegate the supervision of an apprentice inspector or real estate inspector to another professional inspector who is qualified to sponsor, but the sponsor remains responsible for the conduct of the sponsored inspector. 8 additional hours in Texas Standard Report Form/Report Writing; 8 additional hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in 535.218 of this title (relating to Continuing Education Required for Renewal); and. The Commission may not require payment of other damages or estimate harm in a refund order. Article 2 states REALTORS will avoid exaggeration, misrepresentation, or concealment of pertinent facts related to a property or transaction. Here are tips to make your team even more successful. There's no legislative basis for this rule. A party may request an opportunity for additional rebuttal subject to the discretion of the presiding member. the absence of carbon monoxide alarms outside each separate sleeping area in the immediate vicinity of the sleeping rooms when either of the following conditions exist: fuel fired appliance are installed in the dwelling; or. If the Commission determines that an application for registration of a timeshare plan fails to satisfy any requirement for registration, the Commission shall promptly notify the applicant of any deficiency in writing. Continuing education credit for students. The Commission may require an applicant to revise and resubmit written documents filed with the application or to provide additional information if the Commission determines that the application is incomplete or inaccurate. attic space ventilation that is not performing; deflections or depressions in the roof surface as related to adverse performance of the framing and decking; and, attic access ladders and access openings; and. A change in sponsorship shall be reported to the Commission immediately. No formal record of the proceedings of the informal conference shall be made or maintained. The inspector shall report as Deficient: installed photoelectric sensors located more than six inches above the garage floor; deficiencies in performance or absence of auto reversing mechanisms and manual detachment device; and. Business Operations and Professional Responsibilities Module (10 hours), which shall contain the following topics, the units of which are outlined in the Business Operations and Professional Responsibilities Qualifying Real Estate Inspector Course Approval Form: Elements of the written inspection contract and the rights and responsibilities of the inspector and the client - 250 minutes; and.
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