Adrian A. Arriaga is the Broker/Owner of AAA Real Estate &
Investments in McAllen, TX. A Commercial Realtor since 1985, he represents investors
from Mexico, Germany and Korea in Texas and northern Mexico. He currently serves
as broker of record for several national U.S. companies in South Texas.
Active with the National Association of Realtors for many years, Mr. Arriaga
hasin numerous leadership positions. Presently, he is serving as NAR Presidential
Liaison to Mexico,forall NAR activities in Mexico. As Presidential Liaison,
Mr. Arriaga is overseeing a new joint venture between NAR and AMPI, the NAR
of Mexico,all AMPI membersbecome NAR International members.
Active in his community, Mr. Arriaga served six years on the Texas Board of
Criminal Justice,appointed by Governor Rick Perry. He alsothe Texas Small Business
Council for the State of Texas. Mr. Arriaga is Past Chair of both the McAllen
Chamber of Commerce and the McAllen Planning & Zoning Commission. Presently
he serves as Chair of Governmental Affairs of McAllen’s Chamber of Commerce.
Mr. Arriaga is a graduate of Texas A&M University where he received both
a Bachelor’s and a Master's degree in Political Science. He was commissioned
at Texas A&M1972 and received an Honorable Discharge as a Captain from the
U.S. Army. He replaces Commissioner Louise Hull from Victoria.
Robert C. (Chris) Day is a partner with Norman, Thrall, Angle,
Guy & Day, LLP in Jacksonville, Texas.
He began with the firm in 1994. Mr. Day was admitted to the bar in 1991. He
is a graduate of Baylor Law School and was a member of the Baylor Law Review.
Mr. Day was a research attorney for Hon. Judge Bill Bass, Texas 12th Court of
Appeals, from 1991-1994.
Mr. Day specializes in appellate; civil litigation; criminal defense & prosecution
(municipal); commercial disputes; probate administration; probate litigation;
personal injury; and real estate litigation.
Active in his community, Mr. Day is the president of the Jacksonville Lions
Club, a member of the Jacksonville Economic Development Advisory Board and Captain
of the United Fund of Cherokee County.
Mr. Day replaces Commissioner Paul Jordan of Georgetown.
At a special meeting on July 16, 2007, TREC Commissioners selected Timothy K.
Irvine as the new TREC administrator. He will join the TREC staff on September
1, 2007.
Tim Irvine has been a licensed attorney in Texas since 1976. He has served as
a federal regulator (Federal Reserve Bank of Dallas) and as a state regulator
(Texas Savings and Loan (now Savings and Mortgage Lending) Department and Texas
Department of Housing and Community Affairs). Most recently he was the Executive
Director of the Manufactured Housing Division of TDHCA. He has served as general
counsel for major financial institutions in Texas (Texas Commerce Bank in Houston
and Franklin Federal Bancorp in Austin) and has been a partner in the Austin
office of Locke Liddell & Sapp. He has experience with commercial and consumer
real estate transactions, including sales, disclosures, and financing, as well
as extensive experience with rulemaking.
A “Navy junior,” Tim grew up on the east and west coasts. He has
degrees from Claremont McKenna College, Claremont Graduate University, and Willamette
University. Tim and his wife have been in Texas since 1976 and in Austin since
1989.
The Texas Real Estate Commission held a special called meeting at the TREC headquarters in Austin, Texas on Monday, July 16, 2007. Chairman John Walton presided.
The Commission met in executive session to review applications and conduct
interviews for the Administrator position.
After executive session, the Commission offered the position of administrator
to Tim Irvine, currently the Executive Director of the Manufactured Housing
Division of the Texas Department of Housing and Community Affairs.
Mr. Irvine accepted the position and will start September 1, 2007.
August 6, 2007
The Texas Real Estate Commission held its regularly scheduled meeting at the
TREC headquarters in Austin, Texas on Monday, August 6, 2007. Chairman John
Walton presided.
The Commission recognized Wayne Thorburn for his contributions to TREC as
Administrator from 1997-2007. The Chairman introduced Tim Irvine who will
be taking over as Administrator on September 1, 2007.
The Commission voted to pay one recovery trust fund claim in the amount of
$50,000.
The Commission adopted a series of emergency rules and repeals to be effective
September 1, 2007. These rules allow the agency to comply with changes in
the law that become effective on that same date.
The Inspector Committee requested that the Commission ask for additional clarification
from the Attorney General's Opinion committee concerning SB 914. The Commission
agreed to do so.
The Commission voted to accept applications and nominations to the new Inspector
Advisory Committee, which will consist of 6 industry members and 3 public
members.
The Commission postponed discussion concerning appointments to the Broker-Lawyer
Committee until the October meeting.
The next scheduled meetings of the Commission will be October 8 and December
10, 2007 at the TREC headquarters in Austin, TX.
Beginning January 1, 2008 persons
applying for and renewing a broker or salespersons license will be required
to furnish fingerprints and will be subject to a more detailed background
check to obtain a license.
It is your responsibility to ensure that your license is renewed in a timely manner. Any education required must be completed before your license expiration date if you want to maintain an active real estate license, unless you pay an additional $200 fee and complete your MCE within 60 days of the expiration date of your license. (A license subject to SAE cannot renew without education being completed.)
Renewal reminder cards are sent out to all brokers and inactive salespersons, active salespersons' cards are sent to the sponsoring broker. The Texas Real Estate Commission is not responsible for U.S. Postal Service delivery or knowing where to find you if you have moved and have not filed a change of address with our office. Failure to receive a renewal reminder card does not provide a valid excuse for not renewing your license.
During the Sunset Commission (Sunset) review of the Texas Real Estate Commission (TREC) in 2006, the Sunset Commission identified areas of concern and made several recommendations for change.
One area of concern
was the fees charged for late renewals of real estate licenses. The Sunset
report stated that this element of TREC's licensing function did not conform
to commonly applied licensing practices.
Senate Bill 914, TREC's Sunset Bill, in part amended Texas Occupations Code
Section 1101.451 regarding late renewals by adding the following subsection.
(e) A person whose license has been expired for 90 days or less may renew the license by paying to the commission a fee equal to 1-½ times the required renewal fee. If a license has been expired for more than 90 days but less than one year, the person may renew the license by paying to the commission a fee equal to two times the required renewal fee.
The effective date of this part of the bill is September 1, 2007.
Real estate salespersons and brokers pay a $60 renewal fee ($30 per year)
to TREC as well as other fees that are collected by TREC on behalf of other
entities. The Commission collects occupational fees from real estate brokers
in the amount of $200 per year. TREC also collects fees from all real estate
licensees and applicants for the Real Estate Center at Texas A & M University
($20 per year for brokers, $17.50 per year for salesperson). There is also
a fee for Texas online and an optional fee for the TRECAdvisor. Total fees
for a timely two year renewal are $511 for brokers and $102 for a salesperson.
If you let your license expire after September 1, 2007, you will have to pay an additional fee when you re-apply for a license calculated on the $30 per year renewal fee as described above.
Licenses expired for 90 days or less are subject to the following late renewal fees.
Licenses expired more than 90 days will be subject to the following late renewal fees.
Licenses that expire prior to September 1, 2007 are subject to the current
late renewal fees and the licenses issued from those applications are for
terms of only one year.
The new late renewal applications will be available online at www.trec.state.tx.us on September 1, 2007. The applications will include a breakdown of the new fees.
In Senate Bill 914, the Legislature abolished the current Inspector Committee
and replaced it with a new inspector advisory committee effective September
1, 2007. Due to this change, the Commission is soliciting applications for
appointment to the committee’s nine seats at the October 8, 2007 TREC
meeting.
The new advisory committee will consist of six professional inspectors and three public members. Following the Commission’s model, the public members cannot hold occupational licenses in the real estate field (appraiser, real estate broker/salesperson, mortgage broker, etc.). To create staggered terms, three members (two professional inspectors and one public member) will be appointed to each of three terms, expiring in February 2009, February 2011, and February 2013. Future terms will be for six years.
The committee will be permitted to meet by teleconference, although it is anticipated that some travel to Austin may be necessary. All committee meetings must comply with the Open Meetings Act.
Individuals wishing
to be considered for appointment should send a letter and resume to
Mr. John Eckstrum
Chairman of the
Inspector Advisory Committee Task Force,
Texas Real Estate Commission
P.O. Box 12188
Austin, TX 78711-2188.
TREC will continue to accept applications and nominations for two broker positions on the Broker-Lawyer Committee until September 30, 2007. Send them to
Chairman John Walton
c/o TREC
P.O. Box 12188
Austin, TX 78711-2188
The changes to The Real Estate License Act contained in SB 914 provide several noteworthy additions to TREC Enforcement’s procedures and its ability to take disciplinary action against licensees who have violated the law. The changes to the law, effective September 1, 2007, include, among other items, prioritizing of complaints, steeper penalties, default revocations and temporary suspension of licenses.
Due to the volume of enforcement actions initiated, some streamlining of procedures and prioritizing was needed. The bill addressed those issues by requiring the Enforcement Division to prioritize consumer complaints by analyzing several factors including the nature of the complaint, potential for harm to the consumer and history of complaints against the licensee. The process should result in the most egregious violations being investigated and acted upon first. In addition, the Commission may temporarily suspend a persons’ license without a hearing if it is believed that the licensee’s continued practice would constitute a continuing threat to the public welfare.
The administrative penalty was increased from $1,000 to $5,000 per violation per day. When assessing the penalties, the Commission was required to set forth, by rule, a matrix which would provide a range of administrative penalties for various violations. That rule, now §535.191 for real estate licensees and §539.140 for residential service companies was adopted on an emergency basis at the Commission meeting on August 6, 2007.
Default orders will be assessed against a licensee without a hearing if
the licensee does not respond to Enforcement’s notice of violation.
It is of the utmost importance that a licensee read carefully all communications
sent from TREC.
These are a few
of the changes which will impact the ability of Enforcement to take appropriate
action against a licensee who has violated the law.
Effective September 1, 2007, Section 1101.455 of the Texas Occupations Code makes it impossible for licensees to enroll in and complete an online MCE course on the same day. During the August 6 Commission meeting an emergency rule was passed to incorporate this requirement under Section 535.71(ff) and 535.72(d) of the Commission rules. The rule requires that an MCE online course cannot be completed in less than 24 hours. Most licensees complete their MCE well before the renewal date of their license; therefore, this change will only impact licensees who wait until the last day to complete their MCE.
Education providers
who offer online MCE courses will be responsible for making sure that students
are not awarded credit for completing an online course on the same day of
enrollment. Student records maintained by the provider must reflect start
dates and course completion dates that are at least 24 hours apart. The
Alternative Instructional Methods Report Form (TREC Form MCE 9-7) will also
be modified to include the start date of the course and will be renumbered
as TREC Form MCE 9-8.
Rule No. |
Effective Date/Action |
Summary of Emergency Rules |
Chapter 533 |
09/01/2007 REPEAL |
Repeals current rules concerning Practice and Procedure
regarding hearings and rehearings. (SB 914) |
| §535.209 |
09/01/2007 REPEAL |
Repeals current rules concerning the licensing of corporations and limited liability companies as inspectors. (HB 1530) |
| Chapter 533 |
09/01/2007 ADOPTION |
Establishes new rules concerning Practice and Procedure regarding hearings and rehearings. Allows agency to comply with new law transferring the hearing function to the State Office of Administrative Hearings. |
| §535.42 |
09/01/2007 ADOPTION |
Removes language concerning TREC administrative law
judge. |
| §535.51 |
09/01/2007 ADOPTION |
Revises late renewal forms for sales and brokers licenses to comply with new law requiring late renewal penalties established in SB 914. |
| §§535.61,
535.63 |
09/01/2007 ADOPTION |
Allows TREC by rule to waive examination and education requirements for licensees filing late renewals within a prescribed timeframe. |
| §§535.71,
535.72 |
09/01/2007 ADOPTION |
Provides that a licensee cannot receive credit for an online MCE course that is completed in less than 24 hours and revises a form to comply with this change. |
| §§535.91,
535.92, 535.94 |
09/01/2007 ADOPTION |
Exempts a licensee who is also a state legislator from the requirement to complete 3 hours of legal update MCE course. Removes language referring to TREC administrative law judge. |
| §535.191 |
09/01/2007 ADOPTION |
Establishes a schedule of administrative penalties and prioritizes violations of the Act and Rules regarding real estate licensees. |
| §535.206 |
09/01/2007 ADOPTION |
Establishes the composition and requirements for the Inspector Advisory Committee. |
| §535.208 |
09/01/2007 ADOPTION |
Requires proof of professional liability insurance to apply for a home inspector license and adopts by reference a form to use when supplying this proof. |
| §535.210 |
09/01/2007 ADOPTION |
Removes fee provisions for professional home inspector corporate and LLC original applications and renewals. Establishes by rule a fee of $30 for a transcript evaluation. |
| §535.211 |
09/01/2007 ADOPTION |
Establishes the requirements for professional liability insurance for home inspectors. |
| §535.212 |
09/01/2007 ADOPTION |
Requires both experience and education to obtain a professional inspector license under the fast track method of licensing. |
| §535.215 |
09/01/2007 ADOPTION |
Establishes that an inspector can be placed on inactive status if the licensee cannot provide proof of professional liability insurance or if the insurance policy is not kept current. |
| §535.216 |
09/01/2007 ADOPTION |
Provides that proof of professional liability insurance with a minimum limit of $100,000 per occurrence is required for application or renewal of an inspector's license. |
| §535.224 |
09/01/2007 ADOPTION |
Removes provision that allowed commission to authorize the committee to conduct administrative hears or recommend the entry of final orders. Adds language concerning professional liability insurance and establishes notification period in cases of cancellation or non-renewal. |
| §539.140 |
09/01/2007 ADOPTION |
Establishes a schedule of administrative penalties and prioritizes violations of the Act and Rules concerning Residential Service Companies. |
Rule No. |
Earliest Date of Adoption |
Summary of Proposed Rules |
§535.101 |
10/08/2007 PROPOSED |
Amends the fee provisions regarding real estate licenses to increase the fee for application of a salesperson's license from $50 to $75 and increases the fee for a transcript evaluation from $20 to $30. |
For complete text of the rules go to http://www.trec.state.tx.us/formslawscontracts/rules_codes/trecrules.asp |
||
The Texas Real Estate Commission (TREC or the Commission) amended its request
for an opinion to the Office of the Attorney General (OAG) regarding the
enforceability of provisions in Senate Bill 914, 80th Legislative Session.
Effective September 1, 2007, sections 38 and 39 of Senate Bill 914 require
an applicant for a license or renewal of a home inspector license to provide
proof that the applicant carries liability insurance with a minimum level
of $100,000 per occurrence of coverage to protect the public against a violation
of Chapter 1102, Texas Occupations Code. Chapter 1102 is the licensing and
regulatory law for home inspectors in Texas.
The three questions that the Commission has asked the OAG are as follows:
The Texas Real Estate Inspector Committee (the Committee), recommended that the Commission ask the third follow-up question regarding the type and extent of insurance coverage required by Senate Bill 914 in light of existing provisions in Chapter 1102, Texas Occupations Code. Among other things, Chapter 1102 prohibits a licensed home inspector from engaging in fraud or misrepresentation while acting as a home inspector for a buyer or seller of real property in Texas. Since neither professional or general liability insurance will protect against fraud or misrepresentation, the Committee believes that the insurance requirement for coverage “to protect the public against a violation of Subchapter G” of Chapter 1102 is entirely unenforceable.
At its meeting on June 4, 2007, the Commission issued an interim policy statement to define “liability insurance” in the amendments to Chapter 1102 to mean professional liability insurance, also known as errors and omissions insurance, until the Office of the Attorney General issues an opinion about the new requirements. At its August 6, 2007 meeting, the Commission voted to amend the interim policy statement to clarify that Senate Bill 914 requires professional liability insurance only for insurable acts that also violate Chapter 1102. The Commission believes that the new amendments do not require insurance coverage for acts that are not insurable as against public policy.
Additional information about the new requirements for professional liability insurance for a home inspector applicant for a license or renewal of a license, including a list of Frequently Asked Questions, can be found on the TREC website at www.trec.state.tx.us .
Enforcement questions and answers (FAQs) may be found on TREC's web site at
http://www.trec.state.tx.us/questions/faq-enf.asp
Gauna,
Veronica
(San Antonio); license #528285
Agreed reprimand of salesperson license, entered May 4, 2007; Agreed administrative
penalty of $500, entered May 4, 2007; acting negligently or incompetently
by showing the wrong property and setting off the security alarm, in violation
of §1101.652(b)(1) of the Texas Occupations Code
Pedersen,
Bret Allen
(Dallas); license #Unlicensed
Agreed administrative penalty of $1,000, entered May 10, 2007; after expiration
of his real estate broker license, Mr. Pedersen continued to act or represent
that he is a real estate broker without holding a license issued by the Texas
Real Estate Commission by conducting property management and leasing services
for others for a fee in violation of §1101.351(a)(1) of the Texas Occupations
Code
Wisian,
Vickie Hart
(Lubbock); license #572181
Agreed administrative penalty of §1,000, entered May 11, 2007; engaging
in brokerage activities without a license by performing duties in the course
of property management, including procuring tenants and negotiating leases
for prospective tenants, with the expectation of receiving a fee, in violation
of the Texas Occupations Code
Curtis,
Scott Richard
(Pflugerville); license #431926
Agreed administrative penalty of $500, entered May 22, 2007; acting in the
capacity of, engaging in the business of, and advertising and holding himself
out as a real estate broker without first ensuring that his real estate license
was renewed, in violation of §1101.351(a)(1) of the Texas Occupations
Code, and which resulted in a consumer complaint being filed against him;
and failure to voluntarily disclose in his broker late renewal application
unlicensed real estate brokerage activity in which he was involved
Lamas,
Demas, Jr.
(Frisco); license #517538
Agreed administrative penalty of $1,000, entered May 24, 2007; after expiration
of his broker license in April 2005 and again in August 2006, Demas Lamas,
Jr. continued to engage in the business of a real estate broker, in violation
of the Texas Occupations Code; calling into question Mr. Lamas' good judgment
and integrity, (1) Mr. Lamas failed to answer "yes" to the question
regarding unlicensed activity in two applications for late renewal of a real
estate broker license each filed by Mr. Lamas in July 2005 and August 2006
and although he certified in each application he would not conduct real estate
brokerage until duly licensed, he continued to perform such services and (2)
while Mr. Lamas was licensed as a Texas real estate broker he established
an association with an unlicensed person and a business entity, each expected
to or required to engage in real estate brokerage services
Keeton-Griffin,
Sonia
(Dallas); license #Unlicensed
Agreed administrative penalty of $2,000, entered May 29, 2007; acted, engaged
in, and represented that she was a real estate broker or salesperson without
first holding a license issued by the Texas Real Estate Commission by conducting
property management and leasing services for others for a fee and using advertisement
that included services that included real estate brokerage in violation of
§1101.351(a)(1) of the Texas Occupations Code
Jo
Van Property Management LLC
(Dallas); license #Unlicensed
Agreed administrative penalty of $250, entered May 29, 2007; Jo Van Property
Management LLC, by and through Sonia Keeton-Griffin acted, engaged in, and
represented that the business entity was a real estate broker without first
holding a license issued by the Texas Real Estate Commission by conducting
property management and leasing services for others for a fee and using advertisement
that included services that included real estate brokerage in violation of
§1101.351(a)(1) of the Texas Occupations Code
Martinez,
Ezequiel
(San Antonio); license #528619
Agreed 1 month suspension of salesperson license fully probated for 1 year,
effective May 31, 2007; Agreed administrative penalty of $500, due June 18,
2007; acting negligently or incompetently by failing to correctly submit a
HUD bid and to follow up with corrections and hard copies as required by HUD,
causing the buyer to lose the transaction, in violation of §1101.652(b)(1)
of the Texas Occupations Code
Rosas,
Ruben, Jr.
(Killeen); license #
Revocation of proprietary school instructor approval, effective June 6, 2007;
failed to provide within 15 days information requested by the Commission as
a result of a complaint which would indicate a violation of Commission Rules,
in violation of 22 TAC § 535.66(f)(3)
Davies,
Schellye Suzanne
(Coppell); license #411618
Reprimand of salesperson license, entered June 8, 2007; failed to provide
to a party to a real estate transaction at the time of the first substantive
dialogue with the party the written disclosure statement about brokerage relationships
prescribed by §1101.558(d) of the Texas Occupations
Code
Havins, Karen Ann
(Alpine); license #435283
Agreed 3 month suspension of broker license fully probated for 1 year, effective
June 15, 2007; acting negligently or incompetently while performing property
management for another, 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]; failing within a reasonable time to properly
account for and remit money that was received by the license holder that belongs
to another person and commingling 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, Article 6573a, Texas Civil Statutes [§§1101.652(b)(9)
and (10) of the Texas Occupations Code]; failing within a reasonable time
to provide information requested by the Commission as a result of a formal
complaint to the Commission, in violation of §15(a)(8) of the Real Estate
License Act, Article 6573a, Texas Civil Statutes [§1101.652(a)(6) of
the Texas Occupations Code]; and failing to be meticulous in record-keeping
regarding a managed property and in performing functions for the owner, in
violation of the 22 TAC §531.1(2) of the Rules of the Texas Real Estate
Commission
Kim,
Eugene Hyongjung
(Killeen); license #438079
Agreed surrender of broker license and step down to salesperson; Agreed 3
year suspension of salesperson license effective June 16, 2007, fully probated
for the remaining 2 years, effective June 16, 2008; Agreed administrative
penalty of $5,000, entered June 16, 2007; failing or refusing on demand to
produce a document, book, or record in his possession concerning a real estate
transaction conducted by him for inspection by the Commission or its authorized
representative, in violation of §15(a)(7) of the Real Estate License
Act, Article 6573a, Texas Civil Statutes [§1101.652(a)(5) of the Texas
Occupations Code]; failing within a reasonable time to provide information
requested by the Commission as a result of a formal complaint to the Commission,
in violation of §15(a)(8) of the Real Estate License Act, Article 6573a,
Texas Civil Statutes [§1101.652(a)(6) of the Texas Occupations Code];
engaging in a misrepresentation or dishonest or fraudulent action when selling,
buying, or renting real property in his own name, in violation of §15(a)(3)
of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.652(a)(3)
of the Texas Occupations Code]; engaging in conduct which constitutes dishonest
dealings, bad faith, or untrustworthiness, in violation of §15(a)(6)(V)
of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.652(b)(2)
of the Texas Occupations Code]; acting negligently or incompetently in a transaction
involving the sale of a business and real property, 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]; making a false promise of a character likely
to influence, persuade, or induce a person to enter into a contract or agreement
when the licensee could not or did not intend to keep such promise, in violation
of §15(a)(6)(B) of the Real Estate License Act, Article 6573a, Texas
Civil Statutes [§1101.652(b)(5) of the Texas Occupations Code]; while
a salesperson, accepting a commission or other fee without the consent of
his sponsoring broker, in violation of 22 TAC §535.3; while a salesperson,
using a business name in brokerage activities that had not been filed with
the Commission by his sponsoring broker, in violation of 22 TAC §535.154(c);
failing to be faithful and observant to trust placed in the agent, and to
be scrupulous and meticulous in performing his functions as an agent, in violation
of 22 TAC §531.1(2); failing to exercise integrity in performing the
agent’s functions, in violation of 22 TAC §531.2; failing to exercise
judgment and skill in the performance of his work, in violation of 22 TAC
§531.3; drafting legal documents for the use of others in a real estate
transaction without holding a license to practice law in Texas, in violation
of 22 TAC §537.11(d); procuring a real estate license for himself by
misrepresentation or deceit or by making a material misstatement of fact in
an application for late renewal of a salesperson license and, also, in an
application for a broker license, in violation of §15(a)(2) of the Real
Estate License Act, Article 6573a, Texas Civil Statutes [§1101.652(a)(2)
of the Texas Occupations Code]
Daley,
Dodd M.
(Dallas); license #530227
Agreed reprimand of salesperson license, entered June 27, 2007; acted negligently
or incompetently as a buyer's agent by failing to insure an amendment between
the parties obligating the seller to pay the buyer a repair allowance at closing
had been submitted to the title company to be included on the closing statement
and Mr. Daley acted negligently or incompetently by assuring the buyers the
matter could be resolved after closing, in violation of §1101.652(b)(1)
of the Texas Occupations Code
Nguyen,
Loc Tam
(Garland); license #507459
Agreed 6 month suspension of salesperson license fully probated for 1 year,
effective June 28, 2007; acted negligently or incompetently as a buyer's agent
when he personally signed a second buyer's name to an amendment without the
legal authority to do so and failed to disclose to others he had signed for
the second buyer and Mr. Nguyen made representations to the seller regarding
the buyer's ability to close when in fact the buyer could not obtain the financing
terms in the sale contract, in violation of §1101.652(b)(1) of the Texas
Occupations Code and 22 TAC §535.156
Janna
Wald Faith, Inc.
(Sherman); license #527169
Agreed reprimand of broker license, entered June 29, 2997; Agreed administrative
penalty of $250, entered June 29, 2007; failed to notify the Commission its
use of a business name in violation of 22 TAC §535.154(c) of the Rules
of the Texas Real Estate Commission; Janna Wald Faith, Inc. acted negligently
or incompetently and commingled money that belonged to others with broker's
own money while conducting property management services by using funds from
its escrow account that belonged to certain owners without their consent and
knowledge for its own operation and for the expenses of another owner, in
violation of §§1101.652(b)(1) & (10) of the Texas Occupations
Code
Constancio,
Ruben Molina, Sr.
(San Antonio); license #142862
Revocation of salesperson license, effective May 1, 2007; 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 §535.91(c) of the Rules of the Texas
Real Estate Commission
Dominguez,
Mary A.
(Cedar Park); license #454871
Revocation of salesperson license, effective May 1, 2007; 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 §535.91(c) of the Rules of the Texas
Real Estate Commission
Hernandez,
Adeline Josephine
(San Antonio); license #536024
Revocation of salesperson license, effective May 2, 2007; 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 §535.91(c) of the Rules of the Texas
Real Estate Commission
Gilbert,
Claudia Guadalupe
(Houston); license #506838
Agreed reprimand of salesperson license, entered May 2, 2007; Agreed administrative
penalty of $250, entered May 2, 2007; 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
Davis,
Morgan Jefferson
(Austin); license #313475
Agreed reprimand of broker license, entered May 15, 2007; Agreed administrative
penalty of $500, entered May 15, 2007; 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
Taylor,
Wellington
(Fulshear); license #495320
Agreed reprimand of salesperson license, entered May 17, 2007; Agreed administrative
penalty of $500, entered May 17, 2007; 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
Poorman,
Samuel Forrest
(Kerrville); license #280603
Agreed reprimand of salesperson license, entered May 29, 2007; Agreed administrative
penalty of $250, entered May 29, 2007; 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
Hanson,
David Allen
(Coppell); license #506354
Agreed reprimand of salesperson license, entered June 4, 2007; Agreed administrative
penalty of $250, entered June 4, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f)
Ali,
Denise Michelle
(San Antonio); license #479927
Agreed reprimand of salesperson license, entered June 6, 2007; Agreed administrative
penalty of $250, entered June 6, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f)
Alexander,
Diana Marie
(Houston); license #455746
Revocation of salesperson license, effective June 6, 2007; failing to pay
the $200 fee within the 60-day period provided by 22 TAC §535.92(f)
Moore, Ryan Alan
(Houston); license #518966
Revocation of salesperson license, effective June 7, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f)
Reynolds,
Brandy Marie
(Willow Park); license #543743
Agreed reprimand of salesperson license, entered June 8, 2007; Agreed administrative
penalty of $250, entered June 8, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f)
England,
Blain Hudson
(Austin); license #420685
Revocation of broker license, effective June 13, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f)
Collins,
Robert Wagnon
(Spring); license #444504
Agreed reprimand of salesperson license, entered June 13, 2007; Agreed administrative
penalty of $250, entered June 13, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f)
Heusdain,
Luc Louis
(Tomball); license #382618
Revocation of broker license, effective June 14, 2007; payment of $50,000
made by the Texas Real Estate Recovery Trust Account toward satisfaction of
a judgment against Luc Louis Heusdain, as provided by §1101.655(a) of
the Texas Occupations Code
Mitchell,
William Lee II
(Denton); license #436725
Revocation of salesperson license, effective June 15, 2007; 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
Flores,
Billy Moises
(Dallas); license #540325
Revocation of salesperson license, effective June 15, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f)
Jones,
Teresa Rene
(Cleveland); license #499677
Revocation of salesperson license, effective June 20, 2007; failing to complete
mandatory continuing education hours within the 60-day period provided by
22 TAC §535.92(f)
Garrett,
Sandra June
(Houston); license #431029
Revocation of broker license, effective June 20, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f)
Allen,
Rebekah Anne
(Baytown); license #500249
Agreed reprimand of salesperson license, entered June 20, 2007; Agreed administrative
penalty of $500, entered June 20, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f)
Cappers,
Debra Gay
(Irving); license #479607
Revocation of salesperson license, effective June 22, 2007; failing to complete
mandatory continuing education hours within the 60-day period provided by
22 TAC §535.92(f)
Stewart,
Cody Michael
(New Braunfels); license #510297
Agreed reprimand of broker license, entered June 27, 2007; Agreed administrative
penalty of $100, entered June 27, 2007; 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; failing to
pay a check processing fee within the 15 days after the Commission has mailed
a request for payment, in violation of §534.2(a)
Martinez,
Mercurio III
(Laredo); license #488757
Agreed reprimand of salesperson license, entered June 28, 2007; Agreed administrative
penalty of $250, entered June 28, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f)
Lee,
Jacqueline Elaine
(Houston); license #468484
Revocation of salesperson license, effective June 7, 2007; failing to pay
the $200 fee within the 60-day period provided by 22 TAC §535.92(f)
Sylvia has served
in the Education Section of TREC for 14 years, and her knowledge in that area
is invaluable. Sylvia's coworkers nominated her for this award, citing reasons
such as, "she always has a smile, and can be counted on to get the job
done even when handed a difficult problem", and, "Sylvia knows her
work is seen as reflection on the entire TREC team, so you can be assured
any task she tackles will be completed". Education providers and members
of the public have said of Sylvia, "I hope TREC realizes what an asset
they have in Sylvia", and, "I have had the pleasure of interacting
with her on a few occasions and each time she has been extremely prompt and
professional. Not to mention the fact that she is a very nice person who obviously
knows a thing or two about customer service".
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 8, 2007 amd December 10, 2007
Broker-Lawyer
Committee Meetings: November 29-30, 2007
Inspector Committee Meetings:February 1, 2008
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 18, Number 4
August 2007
Rick Perry
Governor
Commission Members:
|
John
Walton, Chairman |
|
John
D. Eckstrum, Vice-Chair |
Tom C. Mesa, Secretary PASADENA |
| Adrian A. Arriaga MC ALLEN |
Troy C. Alley ARLINGTON |
Mary
Frances Burleson |
Chris Day JACKSONVILLE |
William H. Flores COLLEGE STATION |
Elizabeth
Leal EL PASO |
TREC Interim Administrator
Loretta DeHay
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