The Texas Real Estate Commission decided to postpone taking final action
on proposed amendments to 22 TAC section 535.2 at its meeting on Monday April
25, 2005.
After taking public testimony from interested persons and further deliberation, the Commission decided not to take final action to adopt the revisions that would have set a minimum service standard for Texas brokers who represent a client in an agency relationship.
The Commission instead decided to request another opinion from the Texas Office of the Attorney General regarding the possible effect of state and federal anti-trust laws on the proposed rule, and to respond on behalf of the Commission to the opinions expressed in the comment letter from the Federal Trade Commission and the US Department of Justice. The Texas Real Estate Commission received a comment letter signed by representatives of the Department of Justice and the Federal Trade Commission urging TREC not to adopt proposed amendments to 22 TAC section 535.2 regarding Broker's responsibility on April 21, 2005.
The Commission also took action to direct staff to request clarification from the Texas Legislature, in light of new business models that are in operation, of an existing statutory provision that prohibits a real estate licensee from engaging in negotiations with a person who is represented in an exclusive agency relationship.
Finally, the Commission requested staff to draft an interim disclosure statement to discuss and take possible action at the June 13, 2005 meeting.
To view a copy of the comment letter from the Federal Trade Commission and the US Department of Justice go to the "What's New" section of the TREC web site at www.trec.state.tx.us .
TREC Administrator Wayne Thorburn was elected the 2005 President of the international Association of Real Estate License Law Officials last October. In April 2005 he was the featured speaker at the inaugural meeting of ARELLO District 6 in Johannesburg, South Africa. Nearly 200 delegates from 5 countries participated.
District 6 includes Armenia, Australian Capital Territory, Hong Kong, New South Wales, New Zealand, Victoria, Northern Territory, Philippines, South Africa, United Kingdom, western Australia and Zimbabwe.
ARELLO meetings allow members from
all over the world to meet and compare their different laws, practices and problems
affecting the real estate industry and its licensing entities.
The Texas Real Estate Commission held its regularly scheduled meeting at the TREC headquarters in Austin, Texas on Monday, April 25, 2005. Chairman John Walton presided.
The Commission recognized and had a moment of silence for former Commissioner
Pete Cantu who passed away at the beginning of April.
Six Austin licensees were recognized
for 50+ years of continuous licensure. They were Odie E. Ainsworth, Donald H.
Cummins, Edward F. Hamel, Nelson O. Roberts, Sterling J. Sasser and Sidney S.
Smith (Mr. Smith did not attend the meeting). The licensees received a copy
of the resolution passed at the February meeting and a congratulatory letter
from State Senator Gonzalo Barrientos.
Loretta DeHay, general counsel, presented
the agenda item concerning discussion and possible action on 22 TAC §535.2.
Approximately three hundred eighty written comments had been received with the
majority in favor of adopting the rule. Oral comments were given by Lance Lacy,
Texas Association of Realtors; Aaron Farmer, Texas Discount Brokers and his
attorney, Don Walden; Bob Hale, Houston Association of Realtors; Earl Hoppenrath,
Intown Properties-Dallas; Tom Terrell, Grapevine; Peter Squier, Austin; Michelle
Angelides, Lock & Key Realty; Jack McLamore; Ron Walker, legal counsel for
TAR; and Alan Austin.
After discussion, the Commission voted
to postpone any further action until the June 13, 2005 meeting.
The Commission adopted 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 various provisions of the Government
Code.
The Commission proposed amendments
to §§535.51, regarding general requirements; 535.71, concerning mandatory
continuing education: approval of providers, courses and instructors; 535.121,
regarding inactive licenses; 535.220 concerning profession conduct and ethics
for inspectors; and the repeal of §535.217 concerning dishonest conduct
by inspectors (see page 2). There was a lengthy discussion about the amendments
to §535.220. John Cahill, Chairman-Texas Real Estate Inspector Committee
(TREIC), explained the reasoning behind and the need for the rule. Andrew Kasznay,
ASHI; Larry Foster, Fred Willcox and Fred Buck all former members of TREIC;
and Alan Austin, Diligent Inspections; spoke in favor of the amendment. David
Poisson, AHIA; Brian Murphy, TAREI; Everett Rawlings, NAHI; and Mike Crow, formerly
a member of TREIC spoke against the amendment. After discussion the Commission
voted to propose all the amendments.
The Commission appointed three new
members to the Texas Real Estate Inspector Committee. They are Phillip Stojanik
of Houston, Russell Strahan of Round Rock and Curtis Carr of Beaumont.
Three recovery fund claims were presented
for possible action. The Commission voted to pay the claims for $13,000, $5,000
and $32,000. The Commission voted to pay two claims presented against the Inspector
Recovery Fund: one for $8,000 and one for $7,500.
The next meeting of the Commission will be June 13, 2005. There is also a meeting tentatively scheduled for August 15, 2005.
Rules
Proposed at the April 25, 2005 meeting of the Texas Real Estate Commission
(for text of rules go to www.trec.state.tx.us)
| Number | Topic of Rule | Summary of amendment |
|---|---|---|
| §535.51 | Requirements for Licensure |
Revises §535.51(c)(6) to clarify
that an education evaluation must be obtained within one year of the date
of application for a license. |
| §535.71 | Mandatory Continuing Education: Approval
of Providers, Courses and Instructors |
Revises the verification on MCE Form
14-1, Individual MCE Partial Credit Request Form, which an education provider
must sign as evidence that the provider has no reason to believe the amount
of credit claimed is inaccurate. Adds new subsection (hh) to allow accredited
colleges and universities, and professional trade associations that are
otherwise approved MCE providers, to use experts from other related fields
to teach an approved MCE elective course without first registering as
a commission-approved instructor. |
| §535.121 | Termination of Salesperson's Association
With Sponsoring Broker |
Revises subsection (b) to clarify
that a broker may notify the Commission that sponsorship of a salesperson
has ended by either sending the license or a copy of the license to the
Commission, or otherwise notifying the Commission that sponsorship has
ended |
| §535.217 | Real Estate Inspectors |
Repeals §535.217 concerning
Dishonest Conduct as Grounds for Disciplinary Action because the subjects
addressed in this section will be covered in new proposed revisions to
§535.220. |
| §535.220 | Real Estate Inspectors | Revises §535.220 concerning
real estate inspector professional conduct and ethics to prohibit contingency
arrangements in cases where compensation depends on specific findings
or on closing or settlement; to prohibit an inspector from paying a fee
to any person for referral of inspections; to prohibit an inspector from
receiving an undisclosed fee for an inspection from more than one party
without the consent of the inspector's client; to prohibit an inspector
from accepting a fee for recommending services or products to the property;
to prohibit an inspector from conducting repair for a fee of any systems
or components of property covered by the Standards of Practice on which
the inspector has performed an inspection under an earnest money contract,
lease, or exchange of real property within 12 months of the date of the
inspection; to require that inspectors perform services and provide opinions
based only on areas in which they are educated, trained, or have experience;
and to prohibit an inspector from disclosing inspection results or client
information without prior approval from the client, except for observed
immediate safety hazards to occupants exposed to such hazards. |
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 round of presentations were The first events were held in Plainview and Amarillo on March 3rd followed by Lubbock on March 4th (see Volume 16, Number 2 of TREC Advisor for more information).The second round of presentations were held in Corpus Christi (Gloria Schulze, Sam Lawson Allen, and Reynaldo R. Alvarez) on March 18th; in Houston (Herbert F. Handley, Lillian Horovitz, Lloyd P. Fadrique, Willis Hough, James E. Boyles, Charles H. Sumner, Katie S. Adams, Freda S. and Ed Dietz, George A. Bourque, William P. Skinner and Gasper Michael DeGeorge) on March 21st; in El Paso (William A. Cardon, John C. McGrath, Louis E. Maldonado, Victor M. Robles, Paul F. Barry, Melville Irving Levenson and Rodolfo H. Quinones) on April 7th; in San Antonio (Fred C. Anderson, Aubrey E. Beverly, Paul E. McSween, Charles Henry Noble, Frances Ann Oneill and Clinton Weilbacher) on April 13th; in Austin (Donald Hugh Cummins, Odie Edward Ainsworth, Edward Francis Hamel, Nelson Oliver Roberts, Sterling Joseph Sasser and Sidney Stewart Smith) on April 25th; and in Dallas (Alvin Eugene Brewster, Martha D. Carlson, James Richard Cobb, Vera Lee Davis, Ivis Lee Gentry, Monty Jacques Jackson, Henry Grady Jordan, Conrad Martin and Bertha Randall on April 28th. (Pictures are available in the pdf version of the Advisor).
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.
Is it legal for a licensed real estate agent to "write" a lease purchase
agreement since TREC does not promulgate a lease purchase contract form?
A. No. Under The Rules of the Texas Real Estate Commission,
Sections 537.11(c) and (d), a licensee may not undertake to draw or prepare
documents fixing and defining the legal rights of the principals to a transaction.
Nor can they try to "splice" together any of the Commission's promulgated
forms to create a new document to fit the situation.
Q.
I would like to purchase and operate a property management company. Do I need
a license?
A. It depends on what you actually do to operate the company. If you
ONLY collect the rent money and maintain the property (schedule and hire repair
persons, etc.), you do not need a license. Also, you do not need a license to
share in the income earned by a real estate brokerage operation if you do not
engage in acts for which a license is required and do not lead the public to
believe that you are in the real estate brokerage business. However, if you
do anything that is considered licensed real estate brokerage activity, you
need a license. Brokerage activity includes, but is not limited to, showing
or offering to show property or writing contracts for lease or sale of property.
Q.
Is a licensee required to add an addendum to a One to Four Family Sales Contract
informing the buyer that the property they wish to purchase is in a Municipal
Utility District (MUD)?
A. Chapter 49 of the Texas Water Code requires the Seller to deliver
a statutory notice informing the buyer of the tax rate, bonded indebtedness,
or standby fee of the district prior to the final execution of a sales contract.
TREC does not promulgate the statutory notice. We suggest the seller or his
agent obtain the statutory notice and information directly from the MUD office
or a title company. It is not an addendum to the sales contract, but rather
a document signed by the parties. We would recommend that the listing broker
and selling broker maintain a copy of the document along with other documents
from the transaction.
Q.
I work for a timeshare company and sell condo timeshares owned by the company.
I do not have a real estate license. Do I need one?
A. No. As long as you are selling for the owner and you are an employee
of the owner, you do not need a license. You must be an actual employee of the
owner and cannot be an independent contractor. Withholding income and F.I.C.A.
taxes from wages paid another person is considered evidence of employment. The
employer/owner must be the record title holder of the real property. This is
considered an exemption to the legal requirements for a license, and it does
not extend to the employees of an employer/compact that is a subsidiary of a
parent company where the parent company is the actual record title holder of
the real property.
Q.
How long should a real estate broker maintain files of sold properties?
A. For purposes of answering inquiries from the Real Estate Commission
Enforcement Division about a transaction, the law gives a person four (4) years
to file a complaint against a licensee, so it may be prudent for a broker to
maintain files for a period of four or five years. However, there is no legal
requirement by the Real Estate Commission for a licensee to keep files for any
period of time. If you have a trust account, the law requires that you maintain
records of deposits and withdrawals from the account for a period of four (4)
years.
Q. Can TREC give
me the name of a mediator to mediate a sales contract dispute?
A. TREC does not maintain names of mediators. Most of the larger metropolitan
areas have a non-profit Dispute Resolution Center (or something similarly named)
that can give you information regarding mediation sources. Additionally, they
are listed in the Yellow Pages under "mediation" "arbitration"
or "dispute resolution". Attorneys often do mediation work also, and
local bar associations or the county courthouse may also have information regarding
mediators.
MCE PROVIDERS
MCE Rules were revised effective September 1, 2004 and copies can be accessed from TREC’s web site. All MCE providers and their staff should become familiar with these rules and with the changes that were implemented effective January 1, 2005.
One of the rule revisions provides that all licensees under MCE be required to take a three hour legal update course and three hour legal ethics course created for and approved by TREC to satisfy the 6 legal hours of mandatory continuing education required by the Real Estate License Act. There has been some confusion as to when licensees are required to take the two new TREC courses. The TREC web site (www.trec.state.tx.us) is an excellent resource to get questions answered. The “Education & Exams” page on the website provides a link to MCE Frequently Asked Questions (FAQ’s) regarding these requirements. We also recommend that licensees telephone our Communications staff at 1-800-250-TREC for advice or assistance.
The cover sheet that accompanies the class roster must include the title of the course, the course number, the course completion date, and an authorized signature. If this information is not provided, TREC staff must call the provider which results in a delay in awarding credit in a timely manner.
When faxing course completion documents to our office, please do not send
copies or originals or the same documents by regular mail.
Use caution when promoting the offer of 15 hours that include the old legal requirement and not TREC’s new legal update and ethics courses. A generic statement that the 15 hours will satisfy MCE requirements may be misleading for licensees who need TREC’s Legal Update and Ethics MCE courses. This is upsetting to licensees who need the new courses but take the old legal content and later find out that they have not met their MCE requirements.
PROPRIETARY SCHOOLS (CORE PROVIDERS)
When providing information to students regarding the TREC exam, inform them
that they have 6 months from the date they file their application with TREC
to pass the exam. If the exam is not passed within that time period, they
must re-apply. By the same token, if their evaluation of education documents
request and fee is older than one year, they must also re-submit the education
evaluation request and fee before they will be allowed to re-apply.
Effective April 2005 licensees under Sales Annual Education (SAE) were able
to renew online at TREC’s website. However, SAE can only be renewed
online if the licensee has previously submitted course completion certificates
and the hours have been posted to TREC’s system.
Remember to send revisions to Core course final exams for each Core course offered according to the Exam Revision Schedule. This schedule can be obtained from your assigned TREC Education Specialist. Also, please inform your Education Specialist when you are no longer offering a core course.
Consumer Complaints
Cisneros,
Chris L.
(San Antonio); license #434294
Agreed 1 year suspension of salesperson license fully probated for 2 years,
effective February 1, 2005; Failing within a reasonable time to account for
earnest money belonging to another person in violation of §15(a)(6)(E)
of The Real Estate License Act, Art. 6573a, Texas Civil Statutes [§1101.652(b)(9)
of the Texas Occupations Code, effective June 1, 2003]; commingling money
that belongs to another person with the licensee’s own money, in violation
of §15(a)(6)(E) of The Real Estate License Act, Art. 6573a, Texas Civil
Statutes [§1101.652(b)(10) of the Texas Occupations Code, effective June
1, 2003], conduct which constitutes bad faith, dishonest dealings or untrustworthiness,
in violation of §15(a)(6)(V) of The Real Estate License Act, Art. 6573a,
Texas Civil Statutes [§1101.652(b)(2), Texas Occupations Code, effective
June 1, 2003], acting negligently or incompetently in performing an act for
which a person is required to hold a real estate license in violation of §15(a)(6)(W)
of The Real Estate License Act, Art. 6573a, Texas Civil Statutes, [§1101.652(b)(1),
Texas Occupations Code, effective June 1, 2003], failing within a reasonable
time to deposit money received as escrow agent in a real estate transaction,
in violation of §15(a)(6)(Y) of The Real Estate License Act, Art. 6573a,
Texas Civil Statutes, [§1101.652(b)(30), Texas Occupations Code, effective
June 1, 2003]
Davidson,
James Warren
(Pampa); license #414288
Agreed 30-day suspension of broker license, fully probated for 6 month, effective
February 1, 2005;
improperly completing promulgated contract forms, and allowing purchasers
to gain unauthorized entry onto a property prior to closing, which are considered
acting negligently or incompetently and conduct which constitutes bad faith,
dishonesty or untrustworthiness, in violation of§ §1101.652(b)(1)
and (b)(2), respectively, of The Real Estate License Act, Chapter 1101, Texas
Occupations Code
The
Housesmith Group LLC
(Conroe); license #476640
Agreed reprimand of broker license, entered February 1, 2005; Agreed administrative
penalty of $750, entered February 1, 2005; acting negligently or incompetently
by failing to oversee the activities of a salesperson who failed to timely
deposit earnest money, in violation of §15(a)(6)(W) of The Real Estate
License Act, Art. 6573a, Texas Civil Statutes [§1101.652(b)(2) of the
Texas Occupations Code, effective June 1, 2003]; establishing an association
with an unlicensed person who is expected to act as a real estate licensee,
in violation of §15(a)(6)(S) of The Real Estate License Act, Art. 6573a,
Texas Civil Statutes, [§1101.652(b)(26), Texas Occupations Code, effective
June 1, 2003]
Smith,
William Gregory
(Conroe); license #335378
Agreed reprimand of salesperson license, entered February 1, 2005; Agreed
administrative penalty of $750, entered February 1, 2005; performing acts
constituting acts of a real estate broker or salesperson without holding an
active real estate salesperson or broker license in violation of §1(b)
of The Real Estate License Act, Art. 6573a, Texas Civil Statutes [§1101.351
of the Texas Occupations Code, effective June 1, 2003]
Smith,
Ruth Porter
(Willis); license #264105
Agreed reprimand of broker license, entered February 1, 2005; associating
with a person who performed acts of a real estate salesperson at a time when
the salesperson was not actively licensed in accordance with the provisions
of The Real Estate License Act, in violation of §15(a)(6)(S) of The Real
Estate License Act, Art. 6573a, Texas Civil Statutes [§1101.652(b)(26)
of the Texas Occupations Code, effective June 1, 2003]
Miller,
Christopher Paul
(Harker Heights); license #4078
Agreed reprimand of professional inspector license, entered February 8, 2005;
Agreed administrative penalty of $1,000, entered February 8, 2005; failing
to protect the public against fraud, misrepresentation or unethical practices
in the field of real estate inspections by allowing an unlicensed person to
conduct real estate inspections and/or inspection business while associated
with him, a violation of 22 TAC §535.220(c)(3), in violation of §1102.305
of the Texas Occupations Code; having knowledge of a possible violation of
the rules of the Texas Real Estate Commission or Texas Occupations Code, Chapter
1102, and failing to report the possible violation to the Texas Real Estate
Commission, a violation of 22 TAC §535.220(d)(3), in violation of §1102.305
of the Texas Occupations Code; and, failing to provide indirect supervision
of a real estate inspector sponsored by the professional inspector in a manner
which protects the public, a violation of 22 TAC §535.226(f), in violation
of §1102.305 of the Texas Occupations Code
Marinez,
David Thomas Charles
(San Antonio); license #368538
Agreed reprimand of broker license, entered February 11, 2005; failing to
negotiate a representation agreement with a client that clearly delineated
the duties, rights and responsibilities of the parties, in violation of §1101.652(b)(1)
of the Texas Occupations Code
Fenoglio, Jacqueline
(Houston);
license #402069
Revocation of salesperson license, effective March 4, 2005; failing to provide
information to the Commission in response to Commission 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
Dicken,
Jerry Wayne
(Paris); license #309778
Agreed reprimand of broker license, entered March 8, 2005; acted negligently
or incompetently when, after the ending of a written exclusive listing agreement
that included terms of a protection period and during an oral open listing
agreement wherein it did not include a definite start or ending date or a
protection period, Mr. Dicken made demands for the payment of a commission
that he was not otherwise entitled to as he had not complied with the written
exclusive listing agreement protection period terms, and the oral open listing
agreement did not include a protection period, in violation of 15(a)(6)(W)
of the Real Estate License Act [§1101.652(b)(1) of the Texas Occupations
Code]
Waddell,
Willard Bemus
(Mansfield); license #497639
Agreed 1 month suspension of salesperson license fully probated for 6 months,
effective March 10, 2005; Agreed administrative penalty of $500, entered March
9, 2005; published, or caused to be published, advertisements, including a
web site and listing agreement, that tended to created a misleading impression
in others that Mr. Waddell was the person responsible for the operation of
the real estate brokerage in violation of 1101.652(b)(23) of the Texas Occupations
Code; acted negligently or incompetently when, in an attempt to promote a
listing to a prospective buyer's agent, he mistakenly informed the other agent
that the sellers would take a sales price that was in fact lower than the
listed sales price and, under a mistaken belief that he had the seller's permission,
Mr. Waddell accessed the property for purposes that were not expressly authorized
under the written listing agreement, in violation of §1101.652(b)(1)
of the Texas Occupations Code
Grunnah,
Robert James Jr.
(Austin); license #499205
Agreed 6 months suspension of salesperson license fully probated for 1 year,
effective March 15, 2005; Agreed administrative penalty of $1,000, entered
February 25, 2005; acting negligently or incompetently in performing an act
for which a person is required to hold a real estate license, in violation
of §1101.652(b)(1) of the Texas Occupations Code; paying a commission
or fees to or dividing a commission or fees with an unlicensed assistant for
compensation for services as a real estate agent, in violation of §1101.652(b)(11)
of the Texas Occupations Code; using a business name in brokerage business
which had not been properly filed with the Commission, and publishing, or
causing to be published, an advertisement which is misleading, or which is
likely to deceive the public, or which in any manner tends to create a misleading
impression, in violation of §1101.652(b)(23) of the Texas Occupations
Code; and establishing an association, by employment or otherwise, with an
unlicensed person who is expected or required to act as a real estate licensee,
in violation of §1101.652(b)(26) of the Texas Occupations Code
D
& J Real Estate Services, Inc.
(Plano); license #435319
Agreed administrative penalty of $500 against broker license, entered March
21, 2005; paid a commission or fees to, or divided a commission or fees with,
an unlicensed person for compensation for services as a real estate agent,
in violation of §1101.652(b)(11) of the Texas Occupations Code; and established
an association, by employment or otherwise, with an unlicensed person who
was expected or required to act as a real estate licensee, in violation of
§1101.652(b)(26) of the Texas Occupations Code.
Ford,
Patricia Davies
(Austin); license #220593
Agreed reprimand of salesperson license, entered March 24, 2005; Agreed administrative
penalty of $250, entered March 24, 2005; performing real estate brokerage
services and accepting a fee or commission in year 2001, while salesperson’s
real estate license was on inactive status, in violation of §1(b) of
the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.351(c)
of the Texas Occupations Code] and §15(a)(5) of the Real Estate License
Act, Article 6573a, Texas Civil Statutes [§1101.652(a)(9) of the Texas
Occupations Code]
McCarver,
Lori Kathleen
(Dallas); license #406881
Agreed reprimand of salesperson license, entered February 2, 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
Rawlins,
Mary Katherine
(Dallas); license #359132
Agreed reprimand of salesperson license, entered February 11, 2005; Agreed
administrative penalty of $250, entered February 11, 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
Garcia,
Anna C.
(Houston); license #479504
Agreed reprimand of salesperson license, entered February 15, 2005; Agreed
administrative penalty of $250, entered February 15, 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
Gray,
Sandra Gayle
(Fort Worth); license #323968
Agreed reprimand of broker license, entered February 17, 2005; agreed administrative
penalty of $250, entered February 17, 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
Fortune,
James Marvin
(Dallas); license #509004
Revocation of salesperson license, effective February 23, 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
Starnes,
Lula Belle
(Glen Rose); license #247145
Revocation of salesperson license, effective February 23, 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
Crockett,
Marvin
(Houston); license #510088
Revocation of salesperson license, effective February 24, 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
Weaver,
Trisha Renee
(Missouri CIty); license #459451
Agreed reprimand of salesperson license, entered February 28, 2005; Administrative
penalty of $250, entered February 28, 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
Meridith,
James Wood
(Austin); license #323074
Agreed reprimand of broker license, entered March 2, 2005; Agreed administrative
penalty of $250, entered March 2, 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
Padua,
Francisco Jose
(Houston); license #477992
Revocation of salesperson license, effective March 1, 2005; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-period
provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission
Barr,
Mary Renee
(Huffman); license #370758
Revocation of salesperson license, effective March 2, 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
Fleck,
Rodney Dean
(Houston); license #486225
Revocation of salesperson license, effective March 2, 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
Schleis,
Laurie Jean
(Spring); license #322629
Agreed reprimand of salesperson license, entered March 4. 2005; Agreed administrative
penalty of $250, entered March 4, 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
Morris,
Darryl Jonathan
(Dallas); license #464503
Agreed Reprimand of salesperson license, entered March 7, 2005; Agreed administrative
penalty of $250, entered March 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
Ekunseitan,
Andrew Babatunji
(Irving); license #478663
Agreed reprimand of salesperson license, entered March 7, 2005; Agreed administrative
penalty of $250, entered March 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
Karle,
Fred G.
(McAllen); license #165629
Agreed reprimand of broker license, entered March 8, 2005; Agreed administrative
penalty of $250, entered March 8, 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
Varin,
Leticia M.
(Hickory Creek); license #471662
Agreed reprimand of salesperson license, entered March 11, 2005; Agreed administrative
penalty of $250, entered March 11, 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
Lougin,
Eric Darnell
(Houston); license #457680
Agreed reprimand of salesperson license, entered March 17, 2005; Agreed administrative
penalty of $250, entered March 17, 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
Betts,
Dwight Newton
(Ovilla); license #175307
Revocation of salesperson license, effective March 22, 2005; 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
Cooper,
Maria Elisa
(Corpus Christi); license #437263
Revocation of salesperson license, effective March 22, 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
Oh,
Yoon Hee
(Irving); license #479236
Revocation of salesperson license, effective March 31, 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
Myers,
Terry E.
(Spring); license #508991
Revocation of salesperson license, effective March 31, 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
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 3
May 2005
Rick Perry
Governor
Commission Members:
| John
Walton, Chairman |
Mary
Frances Burleson,
Vice-Chair |
Elizabeth Leal, Secretary EL PASO |
James N. Austin, Jr. FORT WORTH |
Ramon "Mick" Cantu HOUSTON |
William H. Flores SUGAR LAND |
Louise E. Hull VICTORIA |
Lawrence
D. Jokl BROWNSVILLE |
Paul H.
Jordan GEORGETOWN |
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