At its meeting on February 21, 2005, the Commission proposed amendments
to §535.2, concerning a broker's responsibility, adding new subsections
(d), (e) and (f). The amendments read as follows:
§535.2 Broker's Responsibility. [ Ref: §1101.803]
(a) - (c) (No Change).
(d) In negotiating for his or her principal a broker shall provide the following services:
(1) accept and present to the principal offers and counter-offers to buy, sell, or lease the principal’s property or property the principal seeks to buy or lease;
(2) assist the principal in developing, communicating, and presenting offers, counter-offers, and notices that relate to the offers and counter-offers; and
(3) answer the principal’s questions relating to offers, counter-offers, and notices.
(e) Under §1101.652(b)(22) of the Act a broker may not negotiate or attempt to negotiate the sale or lease of property with a principal with knowledge that the principal is a party to an outstanding written contract that grants exclusive agency to another broker. Under §1101.652(b)(27) of the Act, a broker may not aid, abet, or conspire with another to circumvent the Act. A broker who represents a principal under a listing contract that grants an exclusive agency to the broker may not instruct or authorize another broker who represents another party in the transaction to negotiate directly with the principal.
(f) When a broker delivers an offer or counter-offer to another broker, the broker is not negotiating or attempting to negotiate with a principal he or she does not represent by delivering a copy of the offer or counter-offer to the principal he or she does not represent so long as the broker representing the principal consents to the delivery and the broker who makes the delivery does not discuss or attempt to discuss the terms or conditions of the offer or counter-offer with the principal he or she does not represent.
In 2002, the Texas Association of Realtors (TAR) recommended that the Commission adopt a similar rule to require that all brokers must at a minimum provide the three services included in the current proposed amendment. After a lawsuit was filed, the Commission repealed the rule to provide for additional public comment.
At the April 19, 2004 meeting of the Commission, the members instructed staff to request an opinion from the Office of the Attorney General (OAG) regarding TREC’s statutory authority to establish minimum service standards for a real estate broker who enters into an exclusive agency relationship to represent a party to a real estate transaction.
In December of 2004 the OAG issued its opinion which stated that the Commission is permitted to clarify existing rules by adopting new ones, and that the suggested language did not exceed the Commission's rule-making authority, nor did it conflict with the Act's statutory scheme.
Comments concerning the proposed amendment were presented at the meeting of the Commission on February 21, 2005. Individuals both in favor of and against the amendment presented their arguments. After hearing from all those who wished to speak on the matter, the Commission voted unanimously to propose the amendments.
Final action may
be taken on this rule at the next Commission meeting on April 25, 2005. Comments
may be submitted by mail or e-mail. Comments should be directed to:
TREC General Counsel
P.O. Box 12188
Austin, TX 78711-2188
general.counsel@trec.state.tx.us
On February 21, 2005, Chairman John Walton appointed Commissioners Larry Jokl of Brownsville, Elizabeth Leal of El Paso, and Paul Jordan of Georgetown to serve on a subcommittee that will review applications and make recommendations to the full Commission concerning the appointment of three persons to the Real Estate Inspector Committee.
Fifteen individuals submitted requests to be considered for the three positions on the Inspector Committee. The subcommittee will meet on April 13, 2005, at the Commission headquarters in Austin. At that meeting the subcommittee will meet with and interview selected candidates.
The subcommittee will present its recommendations to the Commission at the Commission's meeting on April 25, 2005 in Austin.
George C. Stephens of Houston was appointed to the Mortgage Broker Advisory Committee at the February 21, 2005 meeting of the Texas Real Estate Commission.
Mr. Stephens is the President of deRATT-STEPHENS, INC. (d/b/a ERA STEPHENS PROPERTIES) and operates Celebration Lending Corporation, under his Mortgage Broker License. He has been president and Chairman of the Board of Celebration Lending Corporation since 2001. He answers questions from consumers dealing with mortgage loans and real estate in his ongoing Ask-George & Chuck columns published by the Houston Chronicle, TexasRealEstate.com and RealtyTimes.com.
Mr. Stephens served on the Broker-Lawyer Committee for the Commission from 1993 to 1999. He and Charles Jacobus co-authored Texas Real Estate Brokerage and Law of Agency 3 Ed. 2004. He is a member of the Houston Association of Realtors, the Women's Council of Realtors-Houston Chapter, the Texas Association of Realtors and the National Association of Realtors.
Bill Jones of Temple was appointed to the Broker-Lawyer Committee to serve the unexpired term of Rob Orr. Representative Orr resigned his position on the committee when he was elected state representative. The term expires in 2007.
Mr. Jones is the owner of Century 21 Accent and has been the broker for that company since 1999. He brings a great deal of experience in residential, and farm and ranch properties to the committee.
Mr. Jones is a member of the Temple/Belton Association of Realtors. He has been a task force member for FastFill forms, property management forms, and other association studies. Mr. Jones served on the Ft. Hood Housing Initiatives for Base Realignment and Privatization, 1998-1999. During this time he worked with the Real Estate Center to increase base allowance for quarters to a rate consistent with housing values in the Ft. Hood area.
The Texas Real Estate Commission held its regularly scheduled meeting at the TREC headquarters in Austin, Texas on Monday, February 21, 2005. Chairman John Walton presided.
The Commission elected Commissioners Mary Frances Burleson as Vice-Chair and
Elizabeth Leal as Secretary.
Loretta DeHay, general counsel, presented the Attorney General Opinion which
had been received in December concerning the Commission's authority to propose
and adopt specific rule amendments to §535.2.
The Commission voted to propose amendments to §535.2. Over 100 people were
in attendance for the discussion on the rule amendments. Of the 10 people offering
comments, only two spoke in opposition to the rule.
The Commission appointed George Stephens to the Mortgage Broker Advisory Board
and Bill Jones to the Broker-Lawyer Committee. The Chairman appointed a subcommittee
to review applications and recommend nominees to the Inspector Committee. The
members of the subcommittee are Commissioners Paul Jordan, Larry Jokl and Elizabeth
Leal.
The Commission approved a request from the Inspector Committee to conduct public
roundtable discussions to review real estate inspector standards of practice.
The Commission proposed amendments to 22 TAC §§534.3-534.7. These
amendments concerning employee training and education, historically underutilized
businesses, vendor bid opening and tabulation, negotiation and mediation of
certain contract disputes and vendor protest procedures are required by the
Government Code.
The Commission approved the suggested rule review plan for 2005-2008 and schedule
of reviews for 2005.
The Commission adopted resolutions concerning recognition of licensees with
at least 50 years of continuous licensure. Seventy-eight resolutions will be
presented in the next two months at various location around Texas.
The Commission approved payment of two recovery fund claims, one in the amount
of $27,000 and one for $5,000.
The next meetings of the Commission will be April 25, 2005 and June 13, 2005.
Commissioner Mary Frances Burleson was elected Vice-Chair of the Texas Real Estate Commission on February 21, 2005.
She is a Broker and president of Ebby Halliday Real Estate, Inc.
She is immediate past president of the North Dallas Chamber of Commerce and an Executive Member of the Greater Dallas Chamber of Commerce. She serves on the Board of Directors for the National Association of Realtors and is a former Chair of the Board of the Texas Association of Realtors. Burleson is also a member of the Southern Methodist University Planned Giving Council. She received a bachelor’s degree from SMU.
Commissioner Elizabeth Leal was elected Secretary of the Texas Real Estate Commission on February 21, 2005.
She is a Broker-Associate with Coldwell Banker deWetter Hovious, licensed since 1977.
The only member of the Greater El Paso Association of REALTORS® to be twice named Salesman of the Year, she is also the only member of the El Paso del Norte Chapter of Women’s Council of REALTORS® to be twice named Member of the Year, and is the Texas WCR Member of the Year for 2003. She has earned the following designations: ABR, CRS, GRI, LTG, PMN, SRES.
In August of 2000, the Texas Real Estate Commission became the first state agency to provide online license renewals. In the last four years the Commission has worked continuously to improve its web site and the services that are offered there.
It is now possible to file and pay for the following licenses online:
Go to the TREC web site www.trec.state.tx.us and make your next renewal online.
Other questions and answers may be found on TREC's web site at
http://www.trec.state.tx.us/questions/faq-enf.asp
Q. I am a
licensed agent. Could you please explain the "Mailbox Rule" to me?
A. The "Mailbox Rule," as it pertains to licensees, relates to when a salesperson changes sponsoring brokers. It can be found in The Rules of the Texas Real Estate Commission, Section 535.122(a), entitled, "Reactivation of License." The rule tells a licensee and broker that they must notify the Commission within 10 days after the change in sponsorship, requesting a change and submitting the appropriate fee for issuing a new license. The "mailbox rule" then comes into play by allowing a salesperson to act as the broker's salesperson from the date the notice and fee are mailed or delivered to the commission. This is done in order that the salesperson will not have to wait until a new license is received before being able to work. Section 535.122(b) should be read and followed if a salesperson is going from inactive to active under a new sponsor.
Q. I am a salesperson and my broker, an individual, has just died. What do I need to do about my license, listings, pending sales, etc.?
A. Your license became inactive at the time of your broker's
death. Therefore, the first thing you need to do is find another sponsoring
broker. Remember, you may not transact any business until you have a new broker.
Regarding the listing agreements, pending sales, etc., generally speaking, all
listing agreements belong to the broker. Because listing agreements are personal
service contracts, the sellers would need to enter into new listing agreements
with your new broker. Commission matters with the deceased broker's estate would
need to be determined at the time the estate is probated. You may want to seek
the advice of a private attorney about working with the broker's estate to resolve
these matters.
Q. I am a licensed real estate salesperson, and I want to begin investing in real estate. Are there any prohibitions to this activity? Is it a conflict of interest?
A. No, there are no prohibitions against being a licensed real
estate agent and investing in property. However, we would caution you that if
you decide to buy or sell any property, you must disclose in writing that you
are a licensee. Additionally, you must not use your expertise to the disadvantage
of the other parties to the transaction.
Q. I am a real estate agent, and I have heard something about a license being required for persons who inspect for mold damage in a home. Is there anything regarding this process that I should be aware of?
A. Yes. The Toxic Substances Control Division of the Texas
Department of Health (TDH), www.tdh.state.tx.us/beh/iaq,
is responsible for implementing legislation that became effective May 16, 2004.
TDH has now completed rules to accompany the legislation and the rules became
effective January 1, 2005. The rules require that persons involved with the
inspection and remediation of mold damage must be licensed. The entire process
of mold assessment and remediation is regulated under the new rules.
Q. My secretary, who is not licensed by TREC, answers telephone calls regarding listed property. Is it permissible for her to give any type of information on listings such as descriptions and asking price, i.e., the basic information about a listing?
A. Yes, an unlicensed person may confirm information from an
advertisement, such as, "Yes, the property has three bedrooms and 1 bathroom,"
but could not ask whether that would suit the needs of the caller. The unlicensed
person must be careful not to ask questions of a potential prospect or attempt
to "qualify" the caller in any way. It is always a good idea for an
unlicensed assistant to indicate to the caller, early in the conversation, that
he or she is not a licensed agent. Please see the article on our TREC web site
regarding use of an unlicensed assistant. The link is http://www.trec.state.tx.us/newsandpublic/publications/unlicensed-assistants.asp.
Q. Is there a rule or formula for measuring residential square footage?
A. The Texas Real Estate Commission does not have statutes or rules
that require the measurement of square footage of a property or provide a formula
for the measurement of residential square footage. You may want to check with
the Texas Appraiser and Licensing Certification Board at www.talcb.state.tx.us
or 512.465.3950 for information on how appraisers calculate square footage.
Consumer Complaints
Wilson,
Dianne
(Austin); license #265286
Agreed administrative penalty of $250 against broker license, entered December
6, 2004; negligent supervision of a salesperson sponsored by the broker, in
violation of §1101.652(b)(1) of the Texas Occupations Code; allowing
an unlicensed person to perform brokerage activity while associated with the
brokerage firm, in violation of §1101.652(b)(26) of the Texas Occupations
Code; and, paying a commission or fees to an unlicensed person for compensation
for services as a real estate agent, in violation of §1101.652(b)(11)
of the Texas Occupations Code.
McKissack,
James Preston, Jr.
(Denton); license #184047
Agreed reprimand of broker license, entered December 7, 2004; acted negligently
or incompetently when the corporate broker he sponsors and persons the corporate
broker sponsors, an office manager/salesperson and a salesperson, made a demand
as a buyer's agent on their client to pay a commission although the salespersons
knew, or should have known, the terms in the written Buyer Representation
Agreement did not obligate the client to pay the commission, in violation
of §1101.652(b)(1) of the Texas Occupations Code.
McKissack Group, Inc.
(Denton); license #449245
Agreed reprimand of broker license, entered December 7, 2004; Agreed administrative
penalty of $500, entered December 7, 2004; acted negligently or incompetently
when persons it sponsors, an office manager/salesperson and a salesperson,
made a demand as a buyer's agent on their client to pay a commission although
the salespersons knew, or should have known, the terms in the written Buyer
Representation Agreement did not obligate the client to pay the commission,
in violation of §1101.652(b)(1) of the Texas Occupations Code .
Pokorny,
Harry L.
(Austin); license #430788
Agreed administrative penalty of $500 against broker license, entered December
10, 2004; negligent supervision of a salesperson sponsored by the broker,
in violation of §15(a)(6)(W) of the Real Estate License Act [§1101.652(b)(1)
of the Texas Occupations Code, effective June 1, 2003]; allowing an unlicensed
person to perform brokerage activity while associated with the brokerage firm,
in violation of §15(a)(6)(S) of the Real Estate License Act [§1101.652(b)(26)
of the Texas Occupations Code, effective June 1, 2003]; and, paying a commission
or fees to an unlicensed person for compensation for services as a real estate
agent, in violation of §15(a)(6)(F) of the Real Estate License Act [§1101.652(b)(11)
of the Texas Occupations Code, effective June 2003].
Giunca,
Giovani Jean
(Flower Mound); license #515129
Agreed 1 month suspension of salesperson license, fully probated for 6 months,
effective December 13, 2004; agreed administrative penalty of $500, entered
December 1, 2004; acted negligently or incompetently when he demanded as a
buyer's agent that his client pay him a commission although he knew, or should
have known, the terms in the written Buyer Representation Agreement did not
obligate his client to pay the commission and he had directed the commission
to be paid directly to him, a salesperson, and not his sponsoring broker in
violation of §1101.652(b)(1) of the Texas Occupations Code.
Perry,
Carolyn Holly
(Lewisville); license #295686
Agreed 1 month suspension of salesperson license, fully probated for 6 months,
effective December 13, 2004; Agreed administrative penalty of $500, entered
December 1, 2004; acted negligently or incompetently when as the office manager,
she approved the conduct of another salesperson to make a demand as a buyer's
agent on his client to pay a commission although she knew, or should have
known, the terms in the written Buyer Representation Agreement did not obligate
the client to pay the commission, in violation of §1101.652(b)(1) of
the Texas Occupations Code.
Morales, Alice
(San Antonio); license #262744
Agreed reprimand of broker license, entered December 22, 2004; Agreed administrative
penalty of $250, entered December 22, 2004; conducting brokerage activities
using a name in business other than the name under which she was licensed
without filing that business name with the Commission, in violation of §15(a)(6)(P)
of The Real Estate License Act, Art. 6573a, Texas Civil Statutes [1101.652(b)(23)
of the Texas Occupations Code, effective June 1, 2003]; failing to properly
supervise a salesperson, in violation of §1(c) of The Real Estate License
Act [§1101.803 of the Texas Occupations Code, effective June 1, 2003]
and in violation of 22 TAC §535.2(a) of the Rules of the Texas Real Estate
Commission.
Five Star Realty, Inc.
(Carthage); license #416286
Agreed administrative penalty of $1,000 against broker license, entered December
30, 2004; acted negligently or incompetently when a person who had been sponsored
by it as an associate real estate salesperson, continued to act as a licensed
real estate salesperson and associate of the broker after the expiration of
the salesperson's license, in violation of §1101.652(b)(1) of the Texas
Occupations Code.
YNK, Inc.
(Richardson); license #481259
Agreed administrative penalty of $250 against broker license, entered December
30, 2004; established an association with an unlicensed person who was expected
or required to act as a real estate licensee and aided or abetted or conspired
with the person to circumvent the requirements of the Real Estate License
Act when a person who had been sponsored by it as an associate real estate
salesperson, continued to act as a licensed real estate salesperson and associate
of the broker after the expiration of the salesperson's license, in violation
of §1101.652(b)(26)&(27) of the Texas Occupations Code.
Triangle Group GP, LLC
(Allen); license #490032
Agreed administrative penalty of $250 against broker license, entered January
3, 2005; paid a commission or fees to a person not licensed as a real estate
salesperson for compensation for services as a real estate agent when a person
who had been sponsored by it as an associate real estate salesperson, continued
to act as a licensed real estate salesperson and associate of the broker after
the expiration of the salesperson's license in violation of §1101.652(b)(11)
of the Texas Occupations Code; established an association with an unlicensed
person who was expected or required to act as a real estate licensee when
the person who had been sponsored by it as an associate real estate salesperson,
continued to act as a licensed real estate salesperson and associate of the
broker after the expiration of the salesperson's license, in violation of
§1101.652(b)(26)of the Texas Occupations Code.
Gregorian, Irene B.
(Arlington); license #415612
Agreed 6 month suspension of salesperson license, fully probated for 2 years,
effective January 3, 2005; Agreed administrative penalty of $500, entered
December 31, 2004; engaged in dishonest or fraudulent action when selling
real property in her own name by completing a seller’s disclosure of
property condition notwithstanding the fact that she had no knowledge of the
condition of the property and knowing that another property owner, who did
not complete the disclosure, had actual knowledge of the condition of the
property, and failing to disclose her 33% ownership in the corporate entity
which owned the property, in violation of §15(a)(3) of The Real Estate
License Act [§1101.652(a)(3) of the Texas Occupations Code, effective
June 1, 2003].
Boodagh, Michael
(Arlington); license #400884
Agreed 1 year suspension of broker license, fully probated for 3 years, effective
January 3, 2005; Agreed administrative penalty of $4500, entered January 3,
2005; acted negligently or incompetently, engaged in conduct which constituted
dishonest dealings, bad faith or untrustworthiness, and failed to disclose
to a potential purchaser a latent structural defect when, acting as a listing
agent, he had actual knowledge of, but failed to disclose the fact that the
property had a defective foundation, caused someone other than the buyer to
sign the buyer’s name to a notice of repair form, and failed to provide
a notice regarding lead based paint to the buyers in a timely manner, in violation
of Sections 15(a)(6)(A), 15(a)(6)(V) and 15(A)(6)(W) of The Real Estate License
Act [Sections 1101.652(b)(3), 1101.652(b)(2) and 1101.652(b)(1), respectively,
of the Texas Occupations Code, effective June 1, 2003]; engaged in dishonest
or fraudulent action when selling real property in his own name by failing
to disclose that he was 33% owner of the corporate entity which owned the
property and by failing to accurately portray the condition of the property
in the seller’s notice of property condition in violation of Section
15(a)(3) of The Real Estate License Act [Section 1101.652(a)(3) of the Texas
Occupations Code, effective June 1, 2003]; attempting to procure a real estate
license by making a material misstatement of fact in an application for real
estate broker license in violation of Section 15(a)(2) of The Real Estate
License Act [Section 1101.652(a)(2) of the Texas Occupations Code, effective
June 1, 2003].
Griggs,
Bridget Lea
(Frisco); license #514497
Agreed 3 month suspension of salesperson license, fully probated for 1 year,
effective January 15, 2005; acted negligently or incompetently when she suggested
to buyers who were not her clients that they either (1) terminate a new home
sales contract to substitute a new sales contract that included her name as
their agent or (2) submit to the seller a buyer representation agreement listing
her as the buyer's agent that was backdated before the sales contract was
signed, in violation of §1101.652(b)(1) of the Texas Occupations Code;
in the same transaction, she induced or attempted to induce the buyers to
a sales contract to break it for the purpose of substituting in lieu thereof
a new sales contract, in violation of §1101.652(b)(21) of the Texas Occupations
Code .
Watson,
Carolyn Sue
(Crockett); license #244156
Revocation of broker license, effective December 1, 2004; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission.
Bolin, Michael Jess
(Canton); license #175375
Agreed reprimand of broker license, entered December 6, 2004; Agreed administrative
penalty of $250, entered December 6, 2004; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission.
Poston, Kimberly Kean
(Dallas); license #314873
Agreed reprimand of salesperson license, entered December 13, 2004; Agreed
administrative penalty of $250, entered December 13, 2004; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission.
Tomczek, Stephen Roger
(Harker Heights); license #522164
Agreed 1 year suspension of salesperson license, fully probated for 2 years,
effective December 20, 2004; failure to provide information in his Application
for Inactive Real Estate Salesperson License, in violation of §1101.652(a)(2)
of the Texas Occupations Code.
Riggs, Blake Lewis
(Amarillo); license #290500
Agreed reprimand of salesperson license, entered December 22, 2004; the Commission
paid from the Real Estate Recovery Fund (the "Fund") in accordance
with an order that was made in a civil case rendered against Mr. Riggs which
constituted cause for the suspension or revocation of his license pursuant
to §8(i) of the Real Estate License Act [§1101.655 of the Texas
Occupations Code, effective June 1, 2003] and thereafter, Mr. Riggs paid to
the Commission the amount paid from the Fund plus interest .
Williams,
Houston Philmore, III
(Camp Wood); license #477290
Revocation of salesperson license, effective December 28, 2004; failing within
a reasonable time to make good a check issued to the Commission and pay the
processing fee, in violation of §1101.652(a)(4) of the Texas Occupations
Code.
Gonazalez, Ramiro Pablo
(Houston); license #468068
Revocation of salesperson license, effective December 28, 2004; failing within
a reasonable time to provide information to the Commission in response to
Commission's request for same in connection with an application for renewal
of real estate salesperson license, in violation of 22 TAC §535.91(c)
of the Rules of the Texas Real Estate Commission.
Dewees, Scott Wayne
(Garland); license #507781
Revocation of salesperson license, effective December 28, 2004; failing within
a reasonable time to make good a check issued to the Commission and pay the
processing fee, in violation of §1101.652(a)(4) of the Texas Occupations
Code.
Breaux, Leslie Nicole
(Houston); license #485876
Revocation of broker license, effective December 28, 2004; failing within
a reasonable time to make good a check issued to the Commission and pay the
processing fee, in violation of §1101.652(a)(4) of the Texas Occupations
Code.
Flick,
Mary Dee
(Frisco); license #506442
Revocation of salesperson license, effective January 6, 2005; failing within
a reasonable time to provide information to the Commission in response to
Commission's request for same in connection with an application for renewal
of real estate salesperson license, in violation of 22 TAC §535.91(c)
of the Rules of the Texas Real Estate Commission.
Costas, Minka Kay
(Pflugerville); license #469894
Agreed reprimand of salesperson, entered January 7, 2005; Agreed administrative
penalty of $250, entered January 7, 2005; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission.
Gifford, Carole Johnson
(Plano); license #302125
Agreed reprimand of salesperson license, entered January 10, 2005; Agreed
administrative penalty of $250, entered January 10, 2005; failing to complete
mandatory continuing education hours and pay the $ 200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission.
Eige, Sheri Jean
(Houston); license #355922
Agreed reprimand of salesperson license, entered January 14, 2005; Agreed
administrative penalty of $250, entered January 14, 2005; failing within a
reasonable time to provide information to the Commission in response to Commission's
request for same in connection with an application for renewal of real estate
salesperson license, in violation of 22 TAC 535.91(c) of the Rules of the
Texas Real Estate Commission.
Morris, Elaine Huff
(DelRay Beach, Florida); license #301947
Agreed reprimand of salesperson license; entered January 14, 2005; Agreed
administrative penalty of $250, entered January 14, 2005; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission.
Reim, Timothy R.
(Garland); license #424199
Agreed 3 month suspension of salesperson license, fully probated for 6 months,
effective January 18, 2005; Agreed administrative penalty of $500, entered
January 13, 2005; failing to complete mandatory continuing education hours
and pay the $200 fee within the 60-day period provided by 22 TAC §535.92(f)
of the Rules of the Texas Real Estate Commission.
Scales, Paul Lawrence
(Arlington); license #438608
Revocation of salesperson license, effective January 18, 2005; failing to
complete mandatory continuing education hours within the 60-day period provided
by 22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission.
Webb, Dawn
(San Antonio); license #406737
Revocation of salesperson license, effective January 19, 2005 ; failing to
complete mandatory continuing education hours and pay the $200 fee within
the 60-day period provided by 22 TAC §535.92(f) of the Rules of the Texas
Real Estate Commission.
Meyer, Elaine Mantini
(Corpus Christi); license #448863
Agreed reprimand of salesperson license, entered January 25, 2005; Agreed
administrative penalty of $250, entered January 25, 2005; failing to pay the
$200 fee within the 60-day period provided by 22 TAC §535.92(f) of the
Rules of the Texas Real Estate Commission.
Jolivet, Aniesha Reenae
(Houston); license #496157
Revocation of salesperson license, effective January 26, 2005; failing to
complete mandatory continuing education hours and pay the $200 fee within
the 60-day period provided by 22 TAC 535.92(f) of the Rules of the Texas Real
Estate Commission.
Gonzales, Janet Leigh
(League City); license #476183
Revocation of salesperson license, effective January 26, 2005; failing to
complete mandatory continuing education hours and pay the $200 fee within
the 60-day period provided by 22 TAC §535.92(f) of the Rules of the Texas
Real Estate Commission.
Cravens, Pamela J.
(Ovilla); license #478322
Agreed reprimand of salesperson license, entered January 27, 2005; Agreed
administrative penalty of $250, entered January 27, 2005; failing to pay the
$200 fee within the 60-day period provided by 22 TAC §535.92(f) of the
Rules of the Texas Real Estate Commission.
Cook, Henry Marion
(Katy); license #254141
Agreed reprimand of salesperson license, entered January 27, 2005; Agreed
administrative penalty of $250, entered January 27, 2005; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission.
At its meeting on February 21, 2005, the Texas Real Estate Commission unanimously adopted a resolution commending seventy-eight individuals who have been continuously licensed for at least fifty years. Presentations of the framed resolution for each of these licensees are being made this Spring. The first events were held in Plainview (J. B. Roberts) and Amarillo (Don H. Mason) on March 3rd followed by Lubbock (Donald Osborne and Donald Lamar Harris) on March 4th.Upcoming presentations will be in Corpus Christi (March 18th), Houston (March 21st), El Paso (April 7th) and San Antonio (April 13th). Austin area honorees will be recognized at the Commission meeting on April 25th.
DON’T FORGET: You must still renew your license even if you choose to be inactive.
Got A Question About A Relocation Company?
Through a link maintained on the TREC web site, licensees may directly access
The Real Estate Coalition for Cooperative Business Practices (the Coalition)
of the
Employee Relocation Council
by clicking on “The Interchange” on the Coalition’s website
at
http://coalition.erc.org
Licensees may raise concerns about their dealings with a
relocation company and send a message to the appropriate company for response.
Calendar of Events
Commission
Meetings: April 25, 2005 and June 13, 2005
Broker-Lawyer
Committee Meetings: March 31 and April 1, 2005
Inspector Committee Meetings: March 18, 2005
Web site: http://www.trec.state.tx.us
Phone: (800) 250-TREC (8732) or (512) 459-6544
Official publication of the
Texas Real Estate Commission
Volume 16, Number 2
January 2005
Rick Perry
Governor
Commission Members:
| John
Walton, Chairman |
Louise E. Hull,
Vice-Chair VICTORIA |
James N. Austin, Jr.,
Secretary FORT WORTH |
Mary Frances Burleson DALLAS |
Ramon "Mick" Cantu HOUSTON |
William H. Flores SUGAR LAND |
Lawrence D. Jokl BROWNSVILLE |
Paul H. Jordan GEORGETOWN |
Elizabeth Leal EL PASO |
TREC Administrator
Wayne Thorburn
Desktop Publisher
Patricia Holder
The TRECAdvisor (ISSN 1047-4579) is published by the Texas Real Estate Commission (TREC) as an educational service to licensees in the state of Texas. The purpose of the newsletter is to promote a better understanding of the Real Estate License Act and to inform all licensees of changes affecting laws and practices in the real estate industry. The TRECAdvisor is funded through legislative appropriations and subscriptions collected from TREC licensees. The official text of TREC rules is filed with the Office of the Secretary of State, Texas Register. TREC encourages reproduction of this newsletter with the appropriate acknowledgments. Subscriptions are available for $4.00 for two years. Single issues are $1.00. To order a subscription or a single issue write to TRECAdvisor, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. For information regarding TREC, contact:
Texas Real Estate Commission
P.O. Box 12188
Austin, Texas 78711-2188
(512) 459-6544 or (800) 250-TREC
http://www.trec.state.tx.us