Senate Bill 810, passed by the 79th Legislature, amended significantly the Real Estate License Act provisions regarding education requirements for salesperson applicants. On or after January 1, 2006, a person applying for a salesperson license must complete prior to application 150 classroom hours of core real estate courses and 60 related (or core) hours for a total of 210 classroom hours. This is an increase of 30 core hours compared to the education requirement for applications filed prior to January 1, 2006. Once licensed, a salesperson will be required to take 60 additional hours of core real estate courses for a total of 270 classroom hours by the end of their first year of licensure. Thus, under the new law, a salesperson is under Salesperson Annual Education (SAE) requirements for only one year after obtaining their license.
Under current law, a salesperson applicant must complete prior to filing an
application 180 classroom hours, which includes 120 hours of core real estate
courses and 60 related (or core) hours. A salesperson must complete the remaining
90 classroom hours of core courses by the end of their third year of licensure.
Thus under current law, a salesperson is under SAE requirements for three years
after obtaining their license.
The net result of the new laws for applications filed on or after January 1,
2006, is that the total number of classroom hours necessary to hold a salesperson
license remains at 270 hours, including 210 hours of core real estate courses.
However, the total number of up front classroom hours required to apply for
a salesperson license is increased by 30 core hours and the remaining 60 hours
must be taken by the end of the first year of licensure.
For additional information regarding SAE requirements, check the TREC website
at www.trec.state.tx.us.
The Texas Real Estate Commission, meeting in an emergency teleconference September 12, 2005, adopted a process whereby real estate salespersons, brokers, and home inspectors relocated to Texas due to Hurricane Katrina may obtain a temporary license to conduct business in the state.
Individuals currently licensed as a broker or salesperson, in good standing,
in the states of Alabama, Louisiana, and Mississippi who are unable to continue
to practice or reside in those states as a result of Hurricane Katrina may apply
for a temporary emergency salesperson license which will expire on March 31,
2006. All such individuals must be sponsored by a Texas real estate broker in
order to conduct business in the state.
Individuals currently licensed as a home inspector, in good standing, in the
states of Alabama, Louisiana, and Mississippi who are unable to continue to
practice or reside in those states as a result of Hurricane Katrina may apply
for a temporary emergency real estate inspector license which will expire on
February 28, 2006. All such individuals must be sponsored by a Texas professional
inspector in order to conduct inspections in the state.
As a result of the proclamation by the Governor dated September 1, 2005 declaring
a state of emergency due to Hurricane Katrina, the Commission has determined
that the conditions concerning emergency rulemaking have been satisfied. Further
information relative to the temporary emergency real estate salesperson and
real estate inspector license can be obtained from the Commission's web site
at www.trec.state.tx.us
The Texas Real Estate Commission held its regularly scheduled meeting at the TREC headquarters in Austin, Texas on Monday, August 15, 2005. Chairman John Walton presided.
During staff reports, there was discussion concerning the number of broker late
renewals and the pass rate of persons taking the licensing exams for the first
time. The retirement of Linda Bayless, Director of Enforcement was announced
and the Commission was informed that management hoped to have a new Director
of Enforcement in place by the first of September. Mr. Waters spoke concerning
the internal auditors' report.
The Commission adopted a resolution recognizing Walter Borgfeld for over 27
years of service on the Broker Lawyer Committee. Charles J. Jacobus was appointed
by the State Bar of Texas to fill Mr. Borgfeld's position.
After executive session in which the Commission considered the Administrator's
job performance and salary under Texas Government Code, §551.074(a)(1),
the Commission voted to increase the salary of the Administrator. The Commission
voted to pay four claims against the Real Estate Recovery Trust Fund: one for
$50,000, one for $3,377, one for $4,962 and one for $50,000.
The Commission voted to withdraw amendments to §535.2, regarding broker
responsibility, and adopt amendments to §§539.31, 539.51, 539.81,
and 539.121, regarding Residential Service Companies.
The Commission voted to propose amendments to §535.64, regarding Accreditation
of Schools and Approval of Courses and Instructors; §535.71, regarding
Mandatory Continuing Education; §535.208 regarding professional inspector
Corporation and Limited Liability Company application forms, and propose new
§535.209 regarding inspector corporations and limited liability companies.
Two new members were appointed to the Broker Lawyer Committee by the Commission.
They are Mary Steele of Houston and Judy Elliott of Abilene.
Ms. Hassumani presented TREC's Self Evaluation Report to the Sunset Advisory
Commission for approval. The report was approved to be submitted to the Sunset
Advisory Commission by August 19, 2005.
The next meeting of the Commission will be October 17, 2005 and meetings have
been scheduled for December 5, 2005 and February 13, 2006.
at the August
15, 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 |
| §535.64 | Education, Experience, Educational Programs, Time Periods and Type of License proposed |
Changes the cites in Form ED 5-1, Real Estate Provider
Bond, to the relevant statutory provisions in Chapter 1101, Texas Occupations
Code. |
| §535.71 | Mandatory proposed |
Revises subsection (d)(4) which adopts by reference MCE
Form 3A-3, MCE Course Application, to parallel existing language in §535.71(r)
which states an applicant must provide a brief written statement that describes
the course objective and how the subject matter is related to activities
for which a real estate license is required. |
| §§535.208, 535.209 | Real Estate
proposed |
Adopts on an emergency basis revisions to §535.208 concerning Application for a License, and adds new §535.209 concerning Professional Inspector Corporations and Limited Liability Companies (LLC) to comply with new legislation effective 9-1-2005 which requires licensing and renewal of corporations and limited liability companies engaging in professional home inspecting for buyers and sellers in Texas. Adopts two new application forms to be used by corporations and LLCs applying for a professional inspector license. |
| Number | Topic of Rule | Summary of amendment |
|---|---|---|
| §539.31 | Definitions adopted |
Changes the cites to the relevant
statutory provisions in Chapter 1303, Texas Occupations Code. |
| §539.51 | Authorized Personnel adopted |
Changes the cites to the relevant
statutory provisions in Chapter 1303, Texas Occupations Code. |
| §539.81 | Funded Reserves adopted |
Changes the cites to the relevant
statutory provisions in Chapter 1303, Texas Occupations Code. |
| §539.121 | Examinations adopted |
Changes the cites to the relevant
statutory provisions in Chapter 1303, Texas Occupations Code. |
| §§535.208, 535.209 | Real Estate Inspectors Adopted on Emergency Basis |
Revises §535.208 concerning
Application for a License, and adds new §535.209 concerning Professional
Inspector Corporations and Limited Liability Companies (LLC) to comply
with new legislation effective 9-1-2005 which requires licensing and renewal
of corporations and limited liability companies engaging in professional
home inspecting for buyers and sellers in Texas. Adopts two new application
forms to be used by corporations and LLCs applying for a professional
inspector license. |
| 535.2 | A. General Provisions
Relating to the Requirements of Licensure withdrawn 08/15/2005 |
Adds new subsections (d) (e) and (f) to
§535.2 to define the minimum level of service that a consumer may expect
to receive from a licensee who negotiates a real estate transaction on behalf
of the consumer in an agency relationship. |
At its June 13, 2005 meeting, the Commission discussed eliminating the current
license renewal form for salespersons and brokers. It is anticipated that
the existing renewal card will be replaced with a notification postcard by
July 1, 2006. The notification postcard will alert salespersons and brokers
that they need to renew their license online.
Although the postcard notification change does not go into effect until July
1, 2006, salespersons and brokers may continue renewing their licenses online
by visiting: www.trec.state.tx.us
The online renewal service has been available since August 2000. Please visit
TREC’s web site for online renewals and to obtain other current information
pertaining to the Commission. For more information on the renewal notification
postcard see TRECAdvisor ,Vol. 16, Number 4, July 2005 issue.
|
Broker
Lawyer
|
Commissioners
Appoint
Judy Elliott and Mary J. Steele
to Broker Lawyer Committee
At the August, 15, 2005 meeting of the Commission, Judy Elliott was appointed to the Broker Lawyer Committee. Ms. Elliott is a licensed Texas real estate broker and is the Residential Sales Manager for Coldwell Banker, First Equity Realtors in Amarillo, Texas. She oversees the activities of 50 full-time residential agents and reviews virtually every residential transaction written or received by the agents. Ms. Elliott trains new agents and provides continuing education for the entire residential sales staff.
Mary J. Steele was appointed to the Broker Lawyer Committee on August 15, 2005. Ms. Steele is a licensed Texas real estate salesperson and is General Manager for Heritage Texas Properties in Houston. She is responsible for nine offices and oversees 300 associates. Ms. Steele works closely with the principals of the company in the development of business plans, marketing strategies, financial planning, contracts and legal issues that affect the growth and productivity of the company. She is also an MCE instructor.
Both Ms. Elliott and Ms. Steele will serve six year terms which expire in August of 2011.
State
Bar of Texas Appoints Charles J. Jacobus and Re-appoints Dawn Moore
to Broker Lawyer Committee
Charles J. Jacobus was appointed to the Broker Lawyer Committee by the Board of Directors of the State Bar of Texas effective September 1, 2005. He is an attorney with law offices in Bellaire, Texas, and Senior Vice-President of Charter Title Company in Houston, Texas. He is board certified by the State Bar of Texas Board of legal specialization in both Residential and Commercial Real Estate Law.
He has served as chairman of the Real Estate Section of the Houston Bar Association,
president of the Real Estate Educators Association, and Course Director for
the Advanced Real Estate Law course for the State Bar of Texas, and the Texas
Land Title Institute. He currently serves on the Council of the Real Estate,
Probate, and Trust Law Section of the State Bar of Texas, and chairs the Title
Insurance Committee for the State Bar of Texas.
Mr. Jacobus is the
author of numerous real estate texts. He is the editor-in-chief of the Texas
Forms Manual for Real Estate and Title Documentation, co-author of Texas Real
Estate Brokerage and the Law of Agency; Keeping Current with Texas Real Estate,
and has a weekly column in the Houston Chronicle, Ask George and Chuck.
He is an adjunct professor of law at the University of Houston Law Center, and a frequent speaker at State Bar of Texas real estate courses, Texas Land Title Association courses, Real Estate Educators Association annual conference, and the ARELLO National Conference.
Dawn Moore
is President, Chief Executive Officer of Allegiance Title Company, serving
the Dallas/Fort Worth Metroplex and Houston with twelve offices. She graduated
from Southern Methodist University, magna cum laude, with a Bachelor of Science
Degree in Economics and graduated with honors from Southern Methodist University
Dedman School of Law, which recently honored her with a Distinguished Alumni
Award for Corporate Service. In 2000, the Texas State Bar Association appointed
her to the Texas Real Estate Commission’s Broker/Lawyer Committee, which
is responsible for drafting new real estate contracts. She currently serves
on the Board of Directors of the Texas Land Title Association and as Immediate
Past Chair on the Board of Interfaith Housing Coalition. She was appointed
in 1998 by then Governor George Bush to serve as Chair of the Texas State
Affordable Housing Corporation, which under her leadership made available
thousands of units of affordable housing for the low to moderate income citizens
of Texas. She has also served on the Board of the Greater Dallas Association
of Realtors and on the Board of the Collin County Association of Realtors.
Active with her alma mater, she currently serves as a member of the Alumni
Board of Directors of SMU. She is also a member of the Dallas Assembly and
Young Presidents Organization.
these and other questions and answers may be found on TREC's web site at
http://www.trec.state.tx.us/questions/faq-enf.asp
Effective September 1, 2005, revisions to The Real Estate License Act (the Act) made by the 79th Legislature under Senate Bill 810 address many of the concerns raised by the real estate industry regarding minimum service standards. Under the new law, a broker who represents a party in a real estate transaction or who lists real estate for sale under an exclusive agency agreement is considered the party’s agent. As the agent, the broker may not instruct another broker to violate an existing statutory provision that prohibits a licensee from negotiating a real estate transaction with a party who is represented in an exclusive agency relationship with another broker. In addition, the broker must inform the client if the broker obtains material information related to the transaction. Finally, the broker is required to, at a minimum, answer the party’s questions and present any offer to or from the party.
Taken as a whole, these provisions require a broker who represents a client
to present all offers to the client and answer the client's questions. To
the extent the broker obtains any other material information related to the
transaction, the broker is obligated to pass such information on to the client.
Several exceptions
to the general rules described above are also part of the new law. A licensee
holder acting under a power of attorney (POA) or a property management agreement
(PMA) that gives the licensee the legal authority to bind the client to a
lease or sale is considered a party to the lease or sale. This means that
the licensee acting under such a POA or PMA is not required to communicate
all offers to the client. Thus, the terms of the POA or PMA would define the
licensee’s authority to act on behalf of the client.
The new law also
provides that an inquiry to an employee of a builder or developer about contract
terms or forms does not violate the prohibition against negotiation with a
represented party if the builder or developer employee does not have authority
to bind the employer to the contract. Thus, the agent for the other party,
presumably the buyer in this case, may discuss contract terms or forms with
the employee without violating the Act.
Senate Bill 810
provides for a delivery exception to the provision in the Act that prohibits
a licensee from negotiating a real estate transaction with a party who is
represented by another broker under an exclusive agency agreement. The delivery
of an offer to a party does not violate this provision if the party’s
broker consents to the delivery, a copy of the offer is sent to the party’s
broker, and the person delivering the offer does not engage in any other activity
that directly or indirectly violates the prohibition against negotiation with
a represented party. Thus a broker can deliver, fax, or send offers or counteroffers
to a party as long as the party’s broker consents to the deliver and
a copy of the offer or counteroffer is simultaneously sent to the party’s
broker.
Finally, the new
law provides that if the party is a governmental agency using a sealed bid
process that does not allow a copy of an offer or counteroffer to be sent
to the broker, the broker is not required to send a copy of the offer to the
other party’s broker.
Senate Bill 810
made several other important changes to the Act that are addressed in other
articles in this month’s issue of the TRECAdvisor or on the website
at www.trec.state.tx.us.
Information for Inspector Licensees
Inspectors with license expiration dates of January 31, 2006 and after must complete 16 hours of continuing education to renew their inspector license. The new continuing education requirements apply to apprentice inspectors, real estate inspectors, and professional inspectors.
Consumer Complaints
Lauhon,
Debra J.
(San Antonio); license #480357
Revocation of salesperson license, effective May 6, 2005; obtaining a real
estate license by making a material misstatement in a license application
by failing to disclose 2 criminal convictions for felony theft, in violation
of §15(a)(2) of the Real Estate License Act [§1101.652(a)(2) of
the Texas Occupations Code, effective June 1, 2003]
Sandoval,
Hector R. Enriquez
(Fort Worth); license #411525
Revocation of broker license, effective May 11, 2005; HR & Associates,
Inc., by and through Mr. Sandoval, acted as a buyer's agent and took possession
of an earnest money check refunded to the buyer, endorsed the check with the
buyer's name, included a fictitious driver's license number on the check,
and deposited it into his business operating account without the knowledge
or consent of the buyer, in violation of §§1101.652(b)(1)&(2)
of the Texas Occupations Code. Mr. Sandoval used some of the funds for the
buyer's earnest money on a subsequent contract; however, after the buyer demanded
return of monies held, Mr. Sandoval continued to hold at least some monies
and failed to account for the monies held, in violation of §§1101.652(b)(9)&(10)
of the Texas Occupations Code
HR
& Associates, Inc.
(Fort Worth); license #502063
Revocation of broker license, effective May 11, 2005; HR & Associates,
Inc., by and through broker owner and designated officer Hector R. Enriquez
Sandoval, acted as a buyer's agent and took possession of an earnest money
check refunded to the buyer, endorsed the check with the buyer's name, included
a fictitious driver's license number on the check, and deposited it into the
business operating account without the knowledge or consent of the buyer,
in violation of §§1101.652(b)(1)&(2) of the Texas Occupations
Code. HR & Associates, Inc., by and through broker owner and designated
officer Hector R. Enriquez Sandoval, used some of the funds for the buyer's
earnest money on a subsequent contract; however, after the buyer demanded
return of monies held, the corporate broker continued to hold at least some
monies and failed to account for the monies held, in violation of §§1101.652(b)(9)&(10)
of the Texas Occupations Code
Mena,
San Juanita
(Houston); license #496176
Agreed reprimand of salesperson license, entered May 13, 2005; acted negligently
or incompetently, engaged in conduct which constituted dishonest dealings,
bad faith or untrustworthiness, failed to within a reasonable time account
for or remit money belonging to another, and commingled money that belonged
to another person with the license holder’s own money, in violation
of §§1101.652(b)(1), 1101.652(b)(2), 1101.652(b)(9), and 1101.652(b)(10)
of the Texas Occupations Code respectively; and failed within a reasonable
time to provide information requested by the Commission in violation of §1101.652(a)(6)
of the Texas Occupations Code
Straub,
Richard L.
(El Paso); license #393616
Revocation of broker license, revocation of approval as a proprietary school
instructor and as a mandatory continuing education instructor, effective May
13, 2005; revocation of broker license under §1101.655(a) of the Texas
Occupations Code and revocation of approval as a proprietary school instructor
and as a continuing education instructor under 22 TAC §535.66(f)(5),
based upon a payment from the Real Estate Recovery Trust Account [§1101.602
of the Texas Occupation Code] to satisfy all or part of a judgment rendered
against Richard L. Straub, who had engaged in conduct which violated §1101.652(b)(2)
of the Texas Occupations Code
Russell, Wayne Edward
(Sugar Land); license #120078
Agreed 3 month suspension of broker license, fully probated for 6 months,
effective June 1, 2005; acted 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 [§1101.652(b)(1)of
the Texas Occupations Code, effective June 1, 2003]; engaged in conduct which
constituted dishonest dealings, bad faith or untrustworthiness, in violation
of §15(a)(6)(V) [§1101.652(b)(2) of the Texas Occupations Code,
effective June 1, 2003]
Guidry,
Cassandra Denise
(Houston); license #454055
Agreed 1 year suspension fully probated for 2 years, effective June 6, 2005;
acted 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 [§1101.652(b)(1) of the Texas Occupations
Code, effective June 1, 2003]; engaged in conduct which constitutes dishonest
dealings, bad faith, or untrustworthiness, in violation of §15(a)(6)(V)
[§1101.652(b)(2) of the Texas Occupations Code, effective, June 1, 2003];
failed to, within a reasonable amount of time, properly account for or remit
money belonging to another person and commingled money that belongs to another
person with the license holder's own money, in violation of §15(a)(6)(E)
of the Real Estate License Act [§1101.652(b)(9) and 1101.652(b)(10) of
the Texas Occupations Code, effective June 1, 2003]; engaged in misrepresentation
or dishonest action when renting real property in the license holder’s
own name, 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]
Otis,
David Michael
(Humble); license #424039
Agreed reprimand of broker license, entered June 10, 2005; acted negligently
or incompetently in representing a buyer and a seller in the same transaction
without proper consent for intermediary, 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]; failed to provide the Information About Brokerage
Services form to a party to a real estate transaction at the time of the first
substantive dialogue with the party, in violation of §15C(d) of The Real
Estate License Act [§1101.558 of the Texas Occupations Code, effective
June 1, 2003]
Vickery,
Helen L.
(Port Arthur); license #186588
Agreed 3 month suspension of broker license fully probated for 6 months, effective
June 13, 2005; acted 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 [§1101.652(b)(1) of
the Texas Occupations Code, effective June 1, 2003]; failed to within a reasonable
amount of time properly account for or remit money belonging to another person,
in violation of §15(a)(6)(E) of the Real Estate License Act [§1101.652(b)(9)
of the Texas Occupations Code, effective June 1, 2003]
Anderson,
Reginald Tyrone
(Houston); license #448260
Agreed 1 month suspension of broker license fully probated for 6 months, effective
June 15, 2005; Agreed administrative penalty of $250, entered June 10, 2005;
acted negligently or incompetently in failing to fill in the date of execution
on a contract and in orally negotiating an extension of the option period
but failing to obtain a written extension, 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]
Johnson,
Billy Mark
(Dallas); license #478314
Revocation of salesperson license, effective June 20, 2005; leased and managed
property through his broker for an owner and personally leased the property
but failed to pay rent for the first 7 months of the lease and did not properly
manage the property or keep the owner informed of significant information,
in violation of §1101.652(a)(3) of the Texas Occupations Code, §1101.652(b)(1)&(2)
of the Texas Occupations, and 22 TAC §535.156(c) of the Rules of the
Texas Real Estate Commission
Pellon,
Eduardo
(Katy); license #488365
Agreed reprimand of salesperson license, entered June 29, 2005; Agreed administrative
penalty of $2,000, entered June 29, 2005; permitting an unlicensed assistant
to engage in real estate brokerage activities, in violation of §1101.652(b)(26)
of the Texas Occupations Code; failing to fill in contract execution dates
and ensuring that the buyer received the seller's disclosure notice in violation
of §1101.652(a)(1) of the Texas Occupations Code
Carlile,
Heather Renee
(Willis); license #443914
Agreed 3 months suspension of salesperson license fully probated for 1 year,
effective July 1, 2005; Agreed administrative penalty of $500, entered June
28, 2005; acted 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, Article 6573a, Texas Civil Statutes [§1101.652(b)(1)
of the Texas Occupations Code, effective June 1, 2003]; accepting compensation
for a real estate transaction from a person other than the broker with whom
the salesperson is associated with or was associated with when the salesperson
earned the compensation, in violation of §1(d) and §15(a)(5) of
the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.651(b)
and §1101.652(a)(9) of the Texas Occupations Code, effective June 1,
2003, respectively]; publishing or causing to publish an advertisement in
a manner that tends to create a misleading impression, in violation of §15(a)(6)(P)
of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.652(b)(23)
of the Texas Occupations Code, effective June 1, 2003]
Abad,
Martha
(Houston); license #459633
Agreed reprimand of salesperson license, entered July 6, 2005; Agreed administrative
penalty of $250, entered July 6, 2005; acted negligently or incompetently
when she, acting as seller’s agent, drafted a listing agreement on a
form not appropriate for a listing agreement, in violation of §1101.652(b)(1)
of the Texas Occupations Code
Edney,
Delois Gail
(Kilgore); license #422770
Agreed reprimand of salesperson license, entered July 6, 2005; acted negligently
or incompetently in ordering repairs to a rental house and deducting payment
from rent forwarded to the owner in the absence of permission from her client
to contract for repairs, in violation of Section 1101.652(b)(1) of the Texas
Occupations Code
DFW
Associates LTD
(Coppell); license #335419
Agreed reprimand of broker license, entered July 14, 2005; Agreed administrative
penalty of $250, entered July 14, 2005; acted negligently or incompetently
in failing to adequately supervise a salesperson’s advertising efforts,
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] and §1(c) of The
Real Estate License Act [§1101.803 of the Texas Occupations Code, effective
June 1, 2003]; published, through a salesperson, an advertisement that tended
to create a misleading impression that suggested that a home would be sold
at a specific time through a foreclosure auction, when the property was not
yet in foreclosure, and the highest bid was subject to the approval of a third
party, in violation of §15(a)(6)(P) of The Real Estate License Act [§1101.652(b)(23)
of the Texas Occupations Code, effective June 1, 2003]
Irizarry,
Sandra
(Katy); license #504313
Agreed 3 months suspension of salesperson license fully probated for 1 year,
effective July 15, 2005; Agreed administrative penalty of $500, entered July
11, 2005; acted negligently or incompetently in (1) rejecting a purchase offer
on behalf of a client in the absence of specific instruction from the client
to reject the offer and (2) failing to make arrangements with a title company
to deduct a payment she agreed to pay from her commission at closing, 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]
Darnell,
Brian L.
(Friendswood); license #491656
Agreed 3 months probated suspension of salesperson license fully probated
for 1 year, effective July 18, 2005; Agreed administrative penalty of $500,
entered July 15, 2005; acted 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, Article 6573a, Texas
Civil Statutes [§1101.652(b)(1) of the Texas Occupations Code, effective
June 1, 2003]; negotiated the sale of property with an owner knowing that
the owner had a written outstanding contract, granting exclusive agency in
connection with the transaction to another real estate broker, in violation
of §15(a)(6)(N) of the Real Estate License Act, Article 6573a, Texas
Civil Statutes [§1101.652(b)(22) of the Texas Occupations Code, effective
June 1, 2003]; publishing an advertisement which is misleading, or which is
likely to deceive the public, in violation of §15(a)(6)(P) of the Real
Estate License Act, Article 6573a, Texas Civil Statutes [§1101.652(b)(23)
of the Texas Occupations Code, effective June 1, 2003]
Bailey,
Betty Jean
(Tyler); license #125609
Agreed reprimand of broker license, entered July 19, 2005; Agreed administrative
penalty of $500, entered July 19, 2005; acting negligently or incompetently
in performing an act for which a person is required to hold a real estate
license by failing to adequately monitor her client’s contractual obligations,
resulting in her client’s failure to pay for certain completed repairs,
her client being overpaid at closing, and also contributing to confusion regarding
her client’s obligations for repairs, in violation of §1101.652(b)(1)
of The Texas Occupations Code; conduct which constitutes dishonest dealings,
bad faith or untrustworthiness, in violation of §1101.652(b)(2) of The
Texas Occupations Code
Simmons,
Steven Dean
(Pflugerville); license #511573
Agreed reprimand of salesperson license, entered July 19, 2005; Agreed administrative
penalty of $500, entered July 19, 2005; performing real estate brokerage services
and accepting fees or commissions while salesperson’s real estate license
was expired, in violation of §1101.351(a) of the Texas Occupations Code
and §1101.652(a)(9) of the Texas Occupations Code; and attempting to
procure a real estate license by making material misstatements of fact in
an application for late renewal of salesperson license by failure to provide
complete and accurate responses, in violation of §1101.652(a)(2) of the
Texas Occupations Code
Lemoine,
Jane Diane
(Houston); license #397644
Agreed 1 month suspension of salesperson license, effective July 25, 2005;
Agreed administrative penalty of $250, entered July 15, 2005; procured a real
estate license by making a material misstatement of fact in an application
for a real estate license, in violation of §1101.652(a)(2) of the Texas
Occupations Code
Thomason,
Trudy Ann
(Odessa); license #257517
Agreed reprimand of broker license, entered July 25, 2005; Agreed administrative
penalty of $500, entered July 25, 2005; procuring a real estate broker license
by making a material misstatement of fact in an application for broker license
by failure to indicate a pending complaint against salesperson license, in
violation of §1101.652(a)(2) of the Texas Occupations Code
Edwards, Mary Walker
(Mount Pleasant); license #263377
Agreed reprimand of salesperson license, entered July 28, 2005; Agreed administrative
penalty of $250, entered July 28, 2005; acted negligently or incompetently
in entering into a listing agreement stating “No Intermediary”
because “Broker exclusively represents sellers and does not represent
buyers” and also “With the Possibility of Appointments,”
when the broker does in fact represent buyers, in violation of §1101.652(b)(1)
of the Texas Occupations Code
Lilly,
Marcia Carol
(Mount Pleasant); license #462252
Agreed reprimand of broker license, entered July 28, 2005; Agreed administrative
penalty of $250, entered July 28, 2005; acted negligently or incompetently
and in bad faith in retaining an earnest money check from a buyer whom he
represented when the buyers indicated that they were having second thoughts
about their purchase, although their contract did not include an option to
terminate, and returning the earnest money check to the buyers when they decided
not to purchase the property, in violation of §1101.652(b)(1) and §1101.652(b)(2)
of the Texas Occupations Code; failed to deposit an earnest money check in
trust with a title company, in violation of §1101.652(b)(30)(A) of the
Texas Occupations Code
Carter,
Rebecca Leigh
(Austin); license #488717
Agreed reprimand of salesperson license, entered April 4, 2005; Agreed administrative
penalty of $250, entered April 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
Darbonne,
Todd John
(Houston); license #513359
Agreed reprimand of salesperson license, entered April 5, 2005; Agreed administrative
penalty of $250, entered April 5, 2005; failing 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
Kniejski,
Celina Garcia
(Von Ormy); license #487251
Revocation of salesperson license, effective April 5, 2005; failing 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
Blanton,
Larry J. Jr.
(Dallas); license #480482
Agreed reprimand of salesperson license, entered April 7, 2005; Agreed administrative
penalty of $250, entered April 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
Sharp,
Boyd Franklin
(Austin); license #479909
Agreed reprimand of salesperson license, entered April 11, 2005; Agreed administrative
penalty of $250, entered April 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
Kirchhoff,
John Edwin
(Temple); license #225594
Revocation of broker license, effective April 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
Hines, Andrew H.
(Greenville, South Carolina); license #477905
Revocation of salesperson license, effective April 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
Dickson,
Robbie Mae
(Dallas); license #261757
Agreed reprimand of broker license, entered April 28, 2005; Agreed administrative
penalty of $250, entered April 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
Dickson,
Maloyce
(Dallas); license #335179
Agreed reprimand of salesperson license, entered April 28, 2005; Agreed administrative
penalty of $250, entered April 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
Stephens,
Brian Robert
(Double Oak); license #500561
Agreed reprimand of salesperson license, entered April 29, 2005; Agreed administrative
penalty of $250, entered April 29, 2005; failing 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
Duckworth,
Barbara Walker
(Spring); license #313044
Agreed reprimand of broker license, entered June 2, 2005; Agreed administrative
penalty of $250, entered June 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
Diaz,
Daniel Antonio
(San Antonio); license #490106
Revocation of salesperson license, effective June 9, 2005; failing 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
Platt,
Todd L.
(Plano); license #304091
Revocation of broker license, effective June 9, 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
Honeycutt,
Gayla Ann Gayden
(Houston); license #396754
Agreed reprimand of salesperson license, entered June 9, 2005; Agreed administrative
penalty of $250, entered June 9, 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
Buchanan,
Phaedra Young
(Lewisville); license #489456
Revocation of salesperson license, effective June 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
Richards, R. Barrett
(Dallas);
license #516007
Agreed reprimand of salesperson license, entered June 13, 2005; Agreed administrative
penalty of $250, entered June 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
Ladjevardian,
Mohammad
(Houston); license #302570
Agreed reprimand of broker license, entered June 17, 2005; Agreed administrative
penalty of $250, entered June 17, 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
Pool,
Nicole Maria
(Houston); license #471655
Agreed reprimand of salesperson license, entered June 20, 2005; Agreed administrative
penalty of $250, entered June 20, 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
Stephens,
Lisa M.
(Ingleside); license #490326
Revocation of salesperson license, effective June 20, 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
Stevenson,
Josephine Scardetta
(San Antonio); license #489619
Agreed reprimand of salesperson license, entered June 22, 2005; Agreed administrative
penalty of $250, entered June 22, 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
Martin,
John Carter III
(Friendswood); license #466909
Agreed reprimand of salesperson license, entered June 28, 2005; Agreed administrative
penalty of $250, entered June 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
Kenney,
William Tracy
(Austin); license #348299
Agreed reprimand of salesperson license, entered July 7, 2005; Agreed administrative
penalty of $250, entered July 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
McClure, Beth Ann
(Austin); license #475203
Agreed reprimand of salesperson license, entered July 11, 2005; Agreed administrative
penalty of $250, entered July 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
Parker,
Gregory Dean
(Austin); license #339774
Agreed reprimand of broker license, entered July 21, 2005; Agreed administrative
penalty of $250, entered July 21, 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
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: October 17, 2005, December 5, 2005, and February 13,
2006
Broker-Lawyer
Committee Meetings: None scheduled at this time.
Inspector Committee Meetings: September 29-30, 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 5
September 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