A recently enacted law (HB 1530, 80th Legislature, Regular Session) requires any person applying for or renewing a broker or salesperson license on or after January 1, 2008 to provide their fingerprints, in a specified format, in order to enable an FBI criminal history check to be performed. These fingerprint requirements apply only to brokers and salespersons. They do not apply to other TREC licensees, such as home inspectors. Once fingerprints are on file with DPS for a TREC license, a licensee will not need to be fingerprinted for subsequent renewals.
Real estate brokers and salespersons who get fingerprinted for timely renewals may continue to practice real estate as long as all other renewal requirements have been timely met. This will be reflected by a new expiration date and the licensee showing as “active” on the TREC website search.
It is not necessary to have your fingerprints submitted to TREC before you pay your renewal fee. If you do not have your fingerprints taken before your renewal date your license will be placed on inactive. If you are placed on inactive status, you will have to complete your fingerprint requirements and submit a request to go active with the appropriate fee. If you do not pay your renewal fee by midnight on your renewal date your license will expire. If your license expires you will need to file a late renewal application and submit your fingerprints.
Occasionally fingerprints may be unreadable. If this should occur, TREC will send a letter to the licensee or applicant with instructions to contact IBT at 888-467-2080 to be reprinted at no additional cost. Reprints cannot be scheduled online. Reprints must be taken within 60 days of the renewal date of the license or there may be grounds for suspension or revocation of the license.
If prints are unreadable a second time, a TREC staff person will initiate a name search through the FBI.
New applicants and individuals filing late renewal applications will NOT be issued a license until TREC has received fingerprint results and the results do not indicate a need for further review or action. Filing a late renewal application can be time-consuming so avoid potential disruption and RENEW ON TIME!
Licensees
may go to the TREC website licensee info search program to see the status of
fingerprinting. The status of the fingerprinting may show:
• No fingerprint activity reported. This is the standard message if the
licensee has not yet renewed under the new requirements or has renewed under
inactive license status.
• Fingerprinting requirements have been met. This message indicates that
the fingerprinting process has been completed.
• Fingerprints taken as of mm/dd/yyyy. TREC is awaiting results. This
message indicates that TREC has received notice that the fingerprints were taken,
but we have not received any report from DPS/FBI.
• Fingerprints rejected. This message indicates that TREC has received
the fingerprint information, but it was rejected because it was unreadable.
The licensee or applicant should contact IBT at 888-467-2080 to be reprinted.
If the TREC website does not indicate prints within 10-15 days of the date you know you were printed, call TREC at 1-800-250-8732 and/or email communication@trec.state.tx.us.
If you are unable to get your fingerprints taken by your expiration date, you should go ahead and renew timely on an inactive status. Once your fingerprints have been taken you can file to reactivate your license. Brokers may do this by filing a return to active status form. A salesperson will need to file a sponsorship form. If you do not renew on time, you will be required to file a late renewal which includes a penalty for filing late and takes longer to process than a timely renewal.
Remember:
• even if your fingerprints are on file with another agency, you will
need to get fingerprinted specifically for TREC (your fingerprints cannot be
transferred to TREC);
• you must have a TREC issued FastPrintPass to be fingerprinted, which
is available on the TREC web site; and
• once your fingerprints are on file for TREC, you will not have to be
reprinted.
For
more information and updates on the fingerprinting process, go to the TREC web
site: http://www.trec.state.tx.us
Education and fingerprinting are not required for a timely renewed inactive license if you are subject to MCE.
If you are subject to SAE you are required to complete the annual education requirement even if you are renewing on an inactive status. Renewals without education for this type of license will be rejected. Both SAE and fingerprinting should be completed at least 10 days prior to the license expiration date. Fingerprinting is not required for a timely renewed inactive license if you are subject to SAE.
Late
renewal applications require the submission of fingerprints.
The Texas Real Estate Commission held its regularly scheduled meeting at the TREC headquarters in Austin, Texas on Monday, June 30, 2008. Chairman John D. Eckstrum presided.
During staff reports new employees were introduced: Laurie Rangel in the Licensing Section; Monica Reyna and Joann Arevalo in the Communication Section; Brian Galvez in Enforcement, Kemya Harris in Staff Services.
The Commission voted to authorize payments on two claims against the Real Estate Trust Account and one against the Inspection Recovery Fund.
The Commission proposed an amendment to §535.208, concerning Application for a License (Certificate of Insurance for Home Inspectors).
The Commission adopted eleven pending amendments to Chapter 537, Professional Agreements and Standard Contracts.
Action on pending amendments to Subchapter R., Real Estate Inspectors, was postponed for further consideration of comments submitted since the last meeting.
The Commission adopted the Strategic Plan for 2009-2013, which can be found on the TREC web site at http://www.trec.state.tx.us
The Commission voted to create two new advisory committees. One committee will develop information and recommendations regarding the proposal of rules defining the specific responsibilities of a broker. The other committee will review the Commission’s rules regarding the approval and conduct of education providers and develop recommendations regarding the proposed revisions to those rules. The committees will be appointed by the Chairman of the Commission.
The Commission approved six proposals for decisions from the State Office of Administrative Hearings and overruled one.
The next scheduled meetings of the Commission will be August 18, 2008, and October 27, 2008, at the TREC headquarters in Austin, TX.
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.
What is pre-licensure education?
Before an individual can become licensed as a real estate salesperson, they must complete 210 hours of pre-licensure education. These hours must consist of 150 hours in core real estate course which include 30 hours of Law of Contracts, 30 hours of Law of Agency, 60 hours of Principles of Real Estate, and any other Commission approved 30 hour core real estate course. An additional 60 hours of related courses which can be pre-licensure courses, MCE or acceptable college courses are also required.
The first step is sending in an education evaluation form with proof of completion of the core real estate courses and a transcript to be evaluated for any related hours you wish to receive credit for. This is your pre-licensure education.
What is SAE?
So you are starting your career as a real estate licensee with at least 210 hours of education. During your first year of licensure you will be required to complete an additional 60 hours of core real estate classes. What are core courses? They are listed in the Real Estate License Act as follows:
• Principles of Real Estate
• Law of Agency
• Law of Contracts
• Real Estate Appraisal
• Real Estate Law
• Real Estate Finance
• Real Estate Marketing
• Real Estate Mathematics
• Real Estate Brokerage— Note: 30-hour Real Estate Brokerage course required for all broker applicants effective Jan. 1, 2008
• Property Management
• Real Estate Investments
• Promulgated Contract Forms
• Residential Inspection for Real Estate Agents
Courses in green are required for pre-licensure. If you are subject to SAE, you must submit your education before you can renew your license. Licensees subject to SAE who do not submit education prior to or in conjunction with their renewal will have their renewal rejected and cannot renew.
What is MCE?
After you have completed the required 270 SAE hours, you will be required to submit 15 hours of Mandatory Continuing Education (MCE) to renew your license in an active status. Six of these fifteen hours are required to be in legal topics. TREC and the Real Estate Center at Texas A&M have developed two courses that are mandatory for each licensee to satisfy the legal requirements. These two courses are the TREC Legal Update and the TREC Ethics courses. These courses are updated and revised every two years so that the information stays current.
How do I know which education I need for my renewal?
Ninety days before a license is due to expire, TREC mails out a renewal notice card for each licensee. If you are a broker the card will go to your permanent mailing address as well as any renewal cards for salespersons that you sponsor. It is the broker’s responsibility to forward the renewal notice on to each salesperson sponsored.
Inactive salespersons receive their renewal notice cards at their personal permanent address. Education is not required for an inactive license that is subject to MCE, but if the license is subject to SAE the licensee will not be allowed to renew without submitting the required hours.
Information regarding your education requirement for the upcoming renewal is on the front of the renewal card.
What happens if I don’t complete my MCE by my license renewal date?
You have two options. You can renew on inactive status (you can request this while renewing online) or you can renew active, pay the $200 deferral fee and complete the required MCE within 60 days of the expiration date of your license. The license will remain active.
Beginning June 30, 2008, licensees who choose to renew active but do not complete the education or pay the deferral fee within 60 days will no longer be referred to the Enforcement Division for disciplinary action. The license will go inactive. Any salespeople sponsored by an inactive broker will also go inactive.
To reactivate the license, the licensee will be required to complete the required MCE, pay the $200 deferral fee, an additional $250 late reporting fee and $20 to reactivate the license by filing a return to active status for a broker or a salesperson sponsorship form for a salesperson.
TREC Amends Six Contracts and Four Addenda Effective
September 1, 2008
Summary of June 30, 2008 Changes to the TREC Standard Contract Forms. These forms can be used any time after June 30, 2008.
TREC No. 9-7, Unimproved Property Contract
The changes are the same as those listed for TREC No. 20-8 except:
• Paragraph 2 is reformatted but not amended
• The changes referenced in Paragraph 7D in TREC No. 20-8 are made to Paragraph 7B
• A new checkbox is not added to Paragraph 22 regarding the Addendum Containing Required Notices Under §5.01, §420.001, and §420.002, Texas Property Code
TREC No. 20-8, One to Four Family Residential Contract (Resale)
• Paragraph 1
• Reformatted to extend the blank lines before Buyer and Seller
• Rewritten to define the parties to the contract
• Paragraph 2
• 2A is reformatted
• Text is added to Paragraph 2D to clarify that improvements and accessories retained by seller must be removed prior to delivery of possession
• Paragraph 5 - “both” is replaced by “all”
• Paragraph 6
• Paragraph 6C
— “any lender” and “Buyer’s lender” are changed to “Buyer’s lender(s)”— The last sentence is bolded
• Paragraph 6D - the sentence that addresses the time for buyer to object is rewritten for clarity• Paragraph 6E(2)
— “Mandatory owners’ association” is changed to “mandatory membership” in a “property owners’ association”— Amended to indicate that the residential community in which the Property is located is identified in Paragraph 2— The last sentence is bolded
• Paragraph 7D - amended to provide checkboxes to choose whether buyer accepts property in its present condition or in its present condition with specific repairs
• Paragraph 9
• Subparagraphs C and D are moved to Paragraph 19
• New clause, (4), is added to subparagraph B regarding seller’s representations
• The text for the new clause is moved from Paragraph 19
• Paragraph 12A(1)(b) - the reference to the Veterans Housing Assistance Program is changed to a reference to the Texas Veterans Land Board
• Paragraph 17 - amended to substitute “Buyer, Seller, Listing Broker, Other Broker or escrow agent who prevails” for “The prevailing party”
• Paragraph 18D - amended to clarify that damages for wrongfully failing or refusing to sign a release of earnest money include the sum of the earnest money, three times the earnest money, reasonable attorney’s fees and all costs of suit
• Paragraph 19 - revised to add text that was deleted from subparagraphs 9(C) and (D)
• Paragraph 22• Revised to add a checkbox for the Addendum Containing Required Notices Under §5.01, §420.001, and §420.002, Texas Property Code
• Revise the title of “Addendum for Property Subject to Mandatory Membership in a Property Owners’ Association.”
• The Seller’s Temporary Lease is added to the list of addenda
• Paragraph 23 - amended to clarify that if the buyer fails to pay the Option Fee to seller within the time prescribed, the option paragraph will not be a part of the contract
TREC No. 23-8, New Home Contract (Incomplete Construction) and TREC No. 24-8, New Home Contract (Completed Construction)
The changes are the same as those listed for TREC No. 20-8 except:
• Paragraph 2 is reformatted but not amended
• Paragraph 7D is not amended
• The checkbox added to Paragraph 22 regarding the Addendum Containing Required Notices Under §5.01, §420.001, and §420.002, Texas Property Code is pre-checked and a parenthetical is included to explain that the addendum must be attached and Paragraphs B and C must be completed
TREC No. 25-6, Farm and Ranch Contract
The changes are the same as those listed for TREC No. 20-8 except:
• Paragraph 2E is amended rather than Paragraph 2D
• Paragraph 6
• Paragraph 6D is not amended• Paragraph 6E is not amended
TREC No. 30-7, Residential Condominium Contract (Resale)
The changes are the same as those listed for TREC No. 20-8 except:
• Paragraph 2
• Paragraph 2A is not reformatted• Text is added to 2A(4) instead of 2D regarding improvements and accessories
• Paragraph 6
• Paragraph 6C is amended rather than 6D regarding the time for buyer to object• Paragraph 6E2 is not amended
• Paragraph 22
• Revised to add a checkbox for the Addendum Containing Required Notices Under §5.01, §420.001, and §420.002, Texas Property Code• The Seller’s Temporary Lease is added to the list of addenda
TREC No. 32-2, Condominium Resale Certificate
• Paragraph N and the signature block are changed to conform to TREC No. 37-3• “E-mail _______________” is added to the signature block• Buyer and Seller initials are removed at the bottom of the first page• The buyer signature line is removed• “Date ______” is moved above the line before “Mailing Address______”
TREC No. 36-4, Addendum for Property Subject to Mandatory Membership in a Property Owners’ Association
• The title of the form is changed to conform to §5.012, Texas Property Code• The term “mandatory” is added before “membership”• The term “property” is substituted for “mandatory” to describe a “Property Owners’ Association”
• The term “owners’” is deleted from Paragraph B and the last paragraph
TREC No. 37-3, Subdivision Information, Including Resale Certificate for Property Subject to Mandatory Membership in a Property Owners’ Association
• The title of the form is changed to conform to §5.012, Texas Property Code.• The parenthetical below the title is amended to read “Chapter 207, Texas Property Code”.• “Property owner’s association” is defined as “Association” in the first paragraph and conforming changes are made in the rest of the form.• Buyer and Seller initials are removed at the bottom of the first page.• Another line is added near the end of the form for the name of the person signing the form.• The term “Print” is added before “Name” on page 2.
TREC No. 38-2, Notice of Buyer’s Termination of Contract
The termination notice is modified to serve as an all purpose Buyer’s notice of termination to be used to notify the Seller that:
• The contract is terminated under Paragraph 23• Buyer cannot obtain Financing Approval.• The Property does not satisfy the lenders’ underwriting requirements for the loan.• Buyer elects to termination under Paragraph A of the Addendum for Property Subject to Mandatory Membership in a Property Owners’ Association.• Buyer elects to terminate under Paragraph 7B(2) of the contract.• Buyer is terminating pursuant to a specific paragraph in the contract or addendum to be identified in the form.
Rule No. |
Effective Date/Action |
Summary of Adopted Rules |
| §§537.20,
537.28, 537.30-.32, 537.37, 537.39, and 537.43-.45 |
9/1/2008 ADOPTED |
The Texas Real Estate Commission
(TREC) adopts amendments to 22 TAC §537.20 concerning Standard
Contract Form TREC No. 9-7; 22 TAC §537.28 concerning Standard
Contract Form TREC No. 20-8; 22 TAC §537.30 concerning Standard
Contract Form TREC No. 23-8; 22 TAC §537.31 concerning Standard
Contract Form TREC No. 24-8; 22 TAC §537.32 concerning Standard
Contract Form TREC No. 25-6; 22 TAC §537.37 concerning Standard
Contract Form TREC No. 30-7; 22 TAC §537.39 concerning Standard
Contract Form TREC No. 32-2; 22 TAC §537.43 concerning Standard
Contract Form TREC No. 36-5; 22 TAC §537.44 concerning Standard
Contract Form TREC No. 37-3; 22 TAC §537.45 concerning Standard
Contract Form TREC No. 38-2 with changes to the published text and
with changes to the forms as proposed. The amendments adopt by reference
six revised contract forms and four addenda for use by Texas real
estate licensees. The change to the text of the rules as adopted from the rules as proposed corrects a typographical error by adding “trec” to the reference to TREC’s website address to read www.trec.state.tx.us. The changes to the forms as adopted from those that were originally proposed are detailed in the preamble to the rules and include the following: The Commission made typographical corrections to the forms adopted by reference and made other changes to the text of the forms in response to comments and further review and recommendation by staff and the Broker Lawyer Committee. A number of comments did not result in changes to the text of the forms. All comments regarding this adoption, including any not specifically referenced herein, were fully considered by the Commission and the BLC. The revisions to the forms as adopted do not change the nature or scope so much that they could be deemed different forms. The forms as adopted do not affect individuals other than those contemplated by the forms as proposed. The forms as adopted do not impose more onerous requirements than the proposed versions and do not materially alter the issues raised in the proposed forms. Changes in the forms adopted by reference reflect non-substantive variations from the proposed rules and forms to clarify their intent and improve style and readability. The forms become mandatory on September 1, 2008, but may be used on a voluntary basis as soon as they are available from TREC. |
| §537.49 |
9/1/2008 ADOPTED |
The Texas Real Estate Commission
(TREC) adopts the repeal of §537.49 concerning standard contract
form TREC No. 42-0, Notice Pursuant to Third Party Financing Condition
Addendum, in connection with the anticipated adoption of revised
contract forms, without. Section 535.49 concerns a form promulgated for use as a notice that buyer cannot obtain financing pursuant to the Third Party Financing Condition Addendum. An amendment to the Notice of Buyer’s Termination of Contract, TREC No. 38-2, otherwise adopted in this issue of the Texas Register, provides the same notice. Therefore, this notice form is no longer needed. The repeal of this form becomes mandatory on September 1, 2008. |
RULE NO. |
EARLIEST POSSIBLE DATE OF ADOPTION |
SUMMARY OF PROPOSED RULE |
| 22
TAC §§535.208 |
8/18/2008 PROPOSED |
The
Texas Real Estate Commission (TREC) proposes an amendment to §535.208,
Application for a License. The amendment is proposed to adopt
by reference a revised Certificate of Insurance, Form REI 8-1,
which includes revisions to the Certificate of Insurance form
for inspectors to use in showing proof of liability insurance
coverage to the Commission. |
For complete text of the rules go to http://www.trec.state.tx.us/formslawscontracts/rules_codes/trecrules.asp |
||
Enforcement questions and answers (FAQs) may be found on TREC's
web site at
http://www.trec.state.tx.us/questions/faq-enf.asp
Gomez,
Lorenzo, Jr.
(Laredo); License #228453
Agreed reprimand of broker license, entered March 4, 2008; acted negligently in violation of §1101.652(b)(1), Texas Occupations Code by claiming real estate commissions despite not having agreed listing prices nor subsequent executed sales contracts, then threatening legal proceedings and wrongly filing mechanic’s liens which included unearned commissions affecting title to real property, while later refusing to release them in violation of §1101.652(b)(25) of the Texas Occupations Code
Slade, Tammy
(Austin); License #528670
Revocation of salesperson license, effective March 24, 2008; 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 15 days after the Commission has mailed the request for payment, in violation of 22 TAC §534.2(b)
Gilchrist,
Thomas Gibb
(Dallas); License #283258
Agreed reprimand of broker license, entered March 26, 2008; Agreed administrative penalty of $1,000, entered March 26, 2009; acted negligently by continuing to sponsor an unlicensed salesperson for more than two years, in violation of §1101.652(b)(1) of the Texas Occupations Code; paying a commission or a fee to or dividing a commission or a fee 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 establishing an association by employment with an unlicensed person, in violation of §1101.652(b)(26) of the Texas Occupations Code
Shields, William
Oliver
(Plano); License #241317
Agreed reprimand of broker license, entered March 31, 2008; Agreed administrative penalty of $500, entered March 31, 2008; failed to deliver a principal’s funds as directed within the deadlines at issue in the transaction, in violation of §1101.652(b)(1) of the Texas Occupations Code; failed, within a reasonable time, to properly account for or remit money that is received by the license holder and that belongs to another person, in violation of §1101.652(b)(9) of the Texas Occupations Code; failed to provide, within a reasonable time, information requested by the commission that relates to a formal or informal complaint to the commission that would indicate a violation of this chapter, in violation of §1101.652(a)(6) of the Texas Occupations Code
Jean-Pierre,
Kezzey Nadia
(Sugar Land); License #558913
Agreed reprimand of salesperson license, entered April 11, 2008; Agreed administrative penalty of $500, entered April 11, 2008; 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)
Sanchez, Victor
H.
(El Paso); License #559254
Agreed reprimand of salesperson license, entered April 11, 2008; Agreed administrative penalty of $500, entered April 11, 2008; 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)
Newell, Jessica
Lauren
(New Braunfels); License #539099
Agreed reprimand of salesperson license, entered April 11, 2008; Agreed administrative penalty of $500, entered April 11, 2008; 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)
Anderson, Tamera
Snowden
(Beaumont); License #537392
Agreed reprimand of salesperson license, entered April 18, 2008; Agreed administrative penalty of $500, entered April 18, 2008; 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 15 days after the Commission has mailed the request for payment, in violation of 2 TAC §534.2(b)
Small, Leroy
Lawrence
(Dallas); License #200885
Agreed reprimand of broker license, entered April 30, 2008; Agreed administrative penalty of $250, entered April 30, 2008; 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 broker license, in violation of 22 TAC §535.91(c)
Morgan, Clifford
Issac
(San Antonio); License #557228
Agreed probated revocation of salesperson license, effective April 1, 2008; Agreed administrative penalty of $500, entered April 1, 2008; after expiration and before obtaining a late renewal of his real estate salesperson license, Mr. Morgan continued to act as and/or represent that he was a real estate salesperson, in violation of §1101.351(a) of the Texas Occupations Code; Mr. Morgan filed a late renewal application for a real estate salesperson license, answered "No" to a question regarding unlicensed real estate brokerage activity and procured a real estate salesperson license by fraud, misrepresentation or deceit or made a material misstatement of fact in an application for a license, in violation of 1101.652(a)(2) of the Texas Occupations Code
Roewe, Marieta
S.
(Spring Branch); License #247987
Agreed reprimand of broker license, entered April 7, 2008; failing to provide the written statement regarding agency relationships to a party to a real estate transaction and while representing a buyer, attempting to negotiate with the seller even after learning the property was listed, in violation of §§1101.652(b)(1) and 1101.652(b)(2) of the Texas Occupations Code; placing a sign on a property without the written consent of the owner, in violation of §1101.652(b)(18) of The Real Estate License Act
Valentino, James
Charles
(Houston); License #451094
Agreed administrative penalty of $500, entered April 11, 2008. Mr. Valentino acted negligently or incompetently when he took inadequate action to insure an expired salesperson had ceased acting as his associate and real estate agent, in violation of 1101.652(b)(1) of the Texas Occupations Code; Mr. Valentino as broker established an association, by employment or otherwise, with an unlicensed person (formerly a salesperson sponsored by Mr. Valentino until their license expired) who was expected or required to act as a real estate licensee, in violation of §1101.652(b)(26) of the Texas Occupations Code
Saied, Jim S.
(Corpus Christi); License #351094
Agreed 3 month suspension of broker license with remaining 2 months probated for 1 year, effective April 18, 2008; offering property for sale on terms not authorized by the principal, in violation of §1101.652(b)(20) of the Texas Occupations Code; acting negligently and dishonestly in advising owners during transaction about amendment options and obligations to repair and completion of related documents, in violation of §1101.652(b)(1) and (2) of the Texas Occupations Code; failing to provide executed copy of listing agreement with client in violation of §1101.652(b)(28) of the Texas Occupations Code; failing to provide transaction documentation requested by the owner and in agent’s possession, in violation of §1101.652(b)(28) of the Texas Occupations Code; providing clients with legal advice about documents involved in transaction instead of referring to legal counsel, in violation of §1101.654(a)(2) of the Texas Occupations Code; and, failing to surrender documentation without just cause requested by the owner and in broker’s possession, in violation of §1101.652(a)(7) of the Texas Occupations Code
Diaz, Alvin
(Houston); License #389884
Agreed reprimand of broker license, entered April 22, 2008; Agreed administrative penalty of $500, entered April 22, 2008; acting negligently or incompetently by paying commissions to an unlicensed individual, in violation of §1101.652(b)(1) of the Texas Occupations Code; paying a commission or fee to or dividing a commission or a fee with a person other than a license holder or a real estate broker or salesperson licensed in another state for compensation for services as a real estate agent, in violation of §1101.652(b)(11) of the Texas Occupations Code; establishing an association by employment or otherwise with a person other than a license holder if the person is expected or required to act as a license holder, in violation of §1101.652(b)(26) of the Texas Occupations Code
May, Julie Lynn
(Round Rock); License #410571
Agreed 6 month suspension of broker license, probated for 18 months, effective April 25, 2008; Agreed administrative penalty of $500, entered April 25, 2008; was negligent and acted in bad faith while acting as a property manager, in violation of §1101.652(b)(1) and (2) of the Texas Occupations Code; by conducting business under name Commission not notified of within 30 days of beginning usage, in violation of 22 TAC §535.154(c); inserting or withholding information in a statement about a subcontractor wholly owned by broker to owner which makes it inaccurate, in violation of §1101.652(b)(24) of the Texas Occupations Code; accepting or receiving funds not disclosed to the principal resulting from such ownership, in violation of §1101.652(b)(13) of the Texas Occupations Code failing to provide documentation requested by principal, in violation of §1101.652(a)(7) of the Texas Occupations Code; and, not having owner permission to lease property in exchange for tenant's performing repairs, in violation of §1101.652(b)(20) of the Texas Occupations Code
Phillips, Herbie Lee
(Frisco); License #432210
Agreed reprimand of salesperson license, entered April 25, 2008; acting negligently or incompetently in real estate brokerage activities by making a verbal promise to collect and deliver a principal’s option fee funds and then subsequently failing to do so without making any reasonable accommodations to the principal, in violation of §1101.652(b)(1) of the Texas Occupations Code; failing to provide, within reasonable time, information requested by the commission that relates to a formal or informal complaint to the commission that would indicate a violation of this chapter, in violation of §1101.652(a)(6) of the Texas Occupations Code
Pimentel, Alma Araceli
(Houston); License #453021
Agreed reprimand of salesperson license, entered April 29, 2008; Agreed administrative penalty of $1,000, entered April 29, 2008; acting as a broker or salesperson when their license is expired, in violation of §1101.351(a)(1) of the Texas Occupations Code; procuring or attempting to procure a license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for real estate salesperson license, in violation of §1101.652(a)(2) of the Texas Occupations Code
Butler, Valencia Lynette
(Frisco); License #557914
Revocation of salesperson license, effective May 29, 2008; 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)
Riley, Crystal Morgan
(Arlington); License #536359
Revocation of salesperson license, effective May 30, 2008; 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)
McKissack Group, Inc.
(Denton); License #449245
Agreed 1 month suspension of broker license fully probated for 1 year, effective May 1, 2008; Agreed administrative penalty of $750, entered May 1, 2008; acting negligently or incompetently in completing contract forms; by publishing a dishonest promotion and advertisement; by making a false promise of a $10,000 reward at the closing of the principals’ transaction when the reward could not be redeemed at closing; by pursuing a continued and flagrant course of misrepresentative promotion and advertisement; by soliciting or offering for sale real property by means of a deceptive practice; by publishing an advertisement that implies that the salesperson is the person responsible for the operation of a real estate brokerage in violation of §§ 1101.652(b)(1), (2), (5), (6), (15), and (23) of the Texas Occupations Code
Chapman, Murrel
(Cedar Hill); License #2254
Agreed 30-day suspension of professional inspector license fully probated for 24 months, effective May 1, 2008; acting negligently or incompetently in the performance of the structural, mechanical, electrical, and plumbing portions of the inspection by failing to report evidence of a previous fire, and by leading the buyers to believe that the inspection was complete in scope; by failing to report improper grading around foundation walls; by failing to report deficiencies in the roof structure and sheathing; by failing to report as in need of repair inadequate combustion air to the furnace and the furnace vent pipe in dangerous proximity to combustible materials where it penetrated the roof; by failing to report as in need of repair the absence of shut-off valves on sink water supply lines and supply and wastewater pipes that were improperly supported with blocks of wood or other scrap construction materials; by failing to report as in need of repair the water heater vent pipe in dangerous proximity to combustible materials in the water heater closet and attic, in violation of §1102.301 of the Texas Occupations Code, and §§ 535.228-229 of the Texas Administrative Code
Evans, Burl J. Jr.
(Nacogdoches); License #261717
Agreed 30-day suspension of broker license, fully probated for 4 years, effective May 1, 2008; Agreed administrative penalty of $3,690, entered May 1, 2008; acting negligently or incompetently; engaging in conduct that is dishonest or that demonstrates untrustworthiness when failing to act fairly and impartially with intermediary parties; failing to make clear to all parties to a real estate transaction the party for whom the license holder is acting by failing to provide an Information About Brokerage Services form and proper intermediary consent; failing to provide, within reasonable time, a record and other information requested by the commission that relates to a formal or informal complaint to the commission that would indicate a violation of this chapter; aiding, abetting, or conspiring with another person to circumvent this chapter by working with other licensees to convince his seller to reject one offer and accept a second offer from a buyer that was also his principal under an improperly-formed intermediary relationship; pursuing a continued and flagrant course of misrepresentation and making false promises; in violation of §§1101.652(a)(5) and (6), and §§1101.652(b)(1), (2), (7), and (27), of the Texas Occupations Code
Smith, Wanda
(Gilchrist); License #485262
Agreed 3 month suspension of broker license, effective May 1, 2008, beginning July 1, 2008; remaining 1 month probated for 1 year failing to provide the Information About Brokerage Services to a party to a real estate transaction at the time of the first substantive dialogue, in violation of §1101.558(c) of the Texas Occupation code; failing to obtain the written consent from each party to act as an intermediary in the transaction and failing to state the source of any expected compensation to the broker in the consent(s), in violation of §1101.559(a) of the Texas Occupations Code; acting negligently or incompetently in formation, authorization and conduct in intermediary relationship between the parties, in completing contract forms and timely deposit of earnest money with the title company, in violation of §1101.652(b)(1) of the Texas Occupations Code; engaging in conduct that is dishonest or in bad faith or that demonstrates untrustworthiness in formation, authorization and conduct in intermediary relationship between the parties, in completing contract forms and timely deposit of earnest money with the title company, in violation of §1101.652(b)(2) of the Texas Occupations Code; failing to make clear to all parties to a real estate transaction the party for whom the license holder is acting in formation, authorization and conduct in intermediary relationship between the parties, in violation of §1101.652(b)(7) of the Texas Occupations Code; 22 TAC §535.159(i) failing within a reasonable time to deposit earnest money or obtaining the principals written consent to delay the deposit of earnest money in this real estate transaction, in violation of 22 TAC §535.159(i) as authorized by §1101.656(a) of the Texas Occupations Code
Winter, Charlene E.
(Richardson); License #369362
Agreed reprimand of broker license, entered May 7, 2008; engaging in conduct that is dishonest or in bad faith or that demonstrates untrustworthiness by forcing a seller to pay a “bonus” toward her commission at the closing table, which constituted the difference between the maximum amount of closing costs the seller was willing to pay and the actual closing costs, in violation of §1101.652(b)(2) of the Texas Occupations Code
Greer, Robert L.
(Sandia); License #227916
Agreed 1 month suspension of broker license fully probation for 1 year, effective May 12, 2008; using an improper and outdated TREC form required for use by the Commission in violation of V.A.C.S. Art. 6573a §16(e) [§1101.652(a)(8), Texas Occupations Code, effective June 1, 2003]; acting negligently and dishonestly in advising the owner during the transaction by failing to utilize the correct TREC form, providing incorrect or incomplete information to a purchaser that had not seen the property prior to closing, and not insuring a residential service contract negotiated for was provided at closing in violation of V.A.C.S. Art. 6573a §15(a)(6)(W) [§1101.652(b)(1), Texas Occupations Code, effective June 1, 2003]; and failing to provide to provide an Information about Brokerage Services form to a party to a real estate transaction at the time of first substantive dialogue in violation of V.A.C.S. Art. 6573a §15C(m)(1) [§1101.558, Texas Occupations Code, effective June 1, 2003]
American Home Shield of Texas, Inc.
(Memphis, TN); License #102
Agreed administrative penalty of $3000, entered May 21, 2008; advertising or marketing the company’s services in a misleading or deceptive manner, in violation of §1303.352(a)(6) of the Texas Occupations Code
Webb, Peter Devonne
(Dallas); License #556291
Revocation of salesperson license, effective June 2, 2008; 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 the check processing fee within 15 days after the Commission has mailed the request for payment, in violation of 22 TAC §534.2(a)
Sandion A Texas General Partnership
(Bryan); License #406046
Agreed administrative penalty of $1,500, entered June 2, 2008; allowing an unlicensed person to perform brokerage activity while associated with the brokerage firm, in violation of §1101.652(b)(26) of the Texas Occupations Code; and paying a commission or fees to an unlicensed person for compensation for services as a real estate agent, in violation of §1101.652(b)(11) of the Texas Occupations Code
Tom Fouts Realtors, Inc.
(Denton); License #unlicensed
Agreed administrative penalty of $1,000, entered June 4, 2008; engaging in the business of, or advertising or holding itself out as engaging in or conducting the business of a real estate salesperson without first obtaining a real estate license by accepting commissions for and assisting in negotiations between sellers and buyers for the sale of commercial property, in violation of §1101.351 of the Texas Occupations Code
Luterman, Zachary Blayne
(Frisco); License #519016
Agreed revocation of broker license, effective June 6, 2008; Agreed administrative penalty of $8,000, entered June 6, 2008; Zachary Blayne Luterman engaged in the business of, or advertised, or held himself out as engaging in the business of a real estate broker in Texas before holding a real estate salesperson or broker license by listing for sale real properties in a multiple listing service using a deceased broker’s REALTOR association membership, in violation of §1101.351(a) of Texas Occupations Code; Zachary Blayne Luterman procured a real estate salesperson license in active status and subsequently a real estate broker license by fraud, misrepresentation, or deceit or by making material misstatement of fact in an application for each license when he filed with the Commission a salesperson sponsorship with the alleged signature of a deceased real estate broker and thereafter maintained an active salesperson license for the period of time required to obtain a broker license by engaging in or having knowledge of the following activities: renewals of a broker license, completion of mandatory continuing education classes, and change of business and permanent mailing addresses filed with the Commission by deceased sponsoring broker, in violation of §1101.652(a)(2) of Texas Occupations Code; Zachary Blayne Luterman engaged in conduct that was dishonest or in bad faith or that demonstrated untrustworthiness by engaging in the above described conduct, in violation of §1101.652(b)(2) of Texas Occupations Code
Shaw, James Henry
(San Antonio); License #265303
Agreed reprimand of broker license, entered June 10, 2008; Agreed administrative penalty of $1,000, entered June 10, 2008; acting negligently or incompetently by failing to monitor the brokerage activities of a sponsored salesperson, in violation of §1101.652(b)(1) of the Texas Occupations Code
United Group, Inc.
(San Antonio); License #500593
Agreed reprimand of broker license, entered June 10, 2008; Agreed administrative penalty of $1,000, entered June 10, 2008; acting negligently or incompetently by failing to monitor the brokerage activities of a sponsored salesperson, in violation of §1101.652(b)(1) of the Texas Occupations Code
Gilbert, Lee Swenson
(Austin); License #417070
Agreed 30-day suspension of salesperson license, entered June 30, 2008; Agreed administrative penalty of $250, entered June 30, 2008; acting negligently or incompetently by improperly failing to utilize a formal (complete) estimate of closing costs, improperly advising on effects of gift funds and financing details, failing to properly complete financing details in an earnest money contract, failing to modify contract prior to closing to accurately reflect the transaction, failing to protect seller’s right to return to property after closing for removal of personal property, in violation of §1101.652(b)(1), Texas Occupations Code; failing to make clear to all parties for whom representing, in violation of §1101.652(b)(7), Texas Occupations Code; making a false promise of amount of funds the seller would net from the transaction when accepting an offer when unable or not intending to keep such promise which resulted in such amount not being obtained, in violation of §1101.652(b)(5), Texas Occupations Code; and, failing to properly account for or remit option fee funds received from the buyer that belonged to the seller, in violation of §1101.652(b)(9), Texas Occupations Code
Finn, Ronald Lee
(Valley Mills); License #477226
Agreed 1 month suspension of salesperson license fully probated for 6 months, effective June 30, 2008; acting negligently or incompetently in a transaction by failing to complete an amendment regarding repairs and deliver it to the title company, by recommending an unlicensed handyman to perform repairs, and by failing to prepare a temporary lease, in violation of §1101.652(b)(1) of the Texas Occupations Code; engaging in conduct which constitutes dishonest dealings, bad faith, or untrustworthiness in a transaction by failing to inform his buyer of his own unsuccessful attempt to purchase a portion of the property and by indicating that he would later purchase the commercial tract from her for his development in a particular way, in violation of §1101.652(b)(2) of the Texas Occupations Code; using his expertise to the disadvantage of another in a real estate transaction when he purchased the commercial tract from his former client, in violation of 22 TAC §535.144; and failing to advise a property owner as to the licensee’s opinion of the market value of a property when offering to purchase the property from his former client for his own account as a result of contact made while acting as a real estate agent, in violation of 22 TAC §535.16(c)
| Failing
to complete mandatory continuing education hours and pay the $200 fee
within the 60-day period provided by 22 TAC §535.92(f) |
|
|---|---|
| Tieman, Janet Gale |
Denson, Albert Wray (Houston); License #454540 Agreed reprimand of salesperson license, entered March 11, 2009; Agreed administrative penalty of $500, entered March 11, 2008 |
| Berger, Todd D. (Dallas); License #546499 Agreed reprimand of salesperson license, entered March 26, 2008; Agreed administrative penalty of $500, entered March 26, 2008 |
Fox, Darla M. (Austin); License #446235 Agreed reprimand of salesperson license, entered 4-2-08; Agreed administrative penalty of $750, entered April 2, 2008 |
| Griffin, Jessica Marie (Austin); License #494603 Revocation of salesperson license, effective April 2, 2008 |
Luera, Erica L. (Cibolo); License #490656 Revocation of salesperson license, effective April 2, 2008 |
| Armstrong, Leonette (Humble); License #491240 Revocation of salesperson license, effective April 2, 2008 failing to complete mandatory continuing education hours and pay the $200 fee within the 60-day period provided by 22 TAC §535.92(f) |
Caskey, Eldon Lawrence (San Antonio); License #357028 Revocation of salesperson license, effective April 3, 2008 |
| Sahualla, Dean Rayburn (Victoria); License #500091 Agreed reprimand of salesperson license, entered April 4, 2008; Agreed administrative penalty of $500, entered April 1, 2008 |
Green, Edward Hardy, III (Fort Worth); License #559125 Agreed reprimand of salesperson license, entered April 4, 2008; Agreed administrative penalty of $500, entered April 4, 2008 |
| Hart, Jacalyn Leigh (Lake Jackson); License #510082 Revocation of salesperson license, effective April 4, 2008 |
Turner, Beverly Smith (Austin); License #428822 Revocation of salesperson license, effective April 4, 2008 |
| Cleaton, Mark L. (Rockwall); License #470201 Revocation of salesperson license, effective April 4, 2008 |
Bailey, John Randolph (Livingston); License #463590 Revocation of salesperson license, effective April 4, 2008 |
| Melancon, Norman Elphage (Allen); License #447150 Revocation of salesperson license, effective April 4, 2008 |
Carter, Lesare (Dallas); License #356619 Agreed reprimand of salesperson license, entered April 17, 2008; Agreed administrative penalty of $500, entered April 17, 2008 |
| Bryant, Della Jean (Fort Worth); License #363040 Agreed reprimand of broker license, entered April 17, 2008; Agreed administrative penalty of $500, entered April 17, 2008 |
Tollen, Cynthia Dawne (El Paso); License #437126 Agreed reprimand of broker license, entered April 17, 2008; Agreed administrative penalty of $500, entered April 17, 2008 |
Morgan,
Ryan W. Agreed reprimand of salesperson license, entered April 23, 2008; Agreed administrative penalty of $500, entered April 23, 2008 |
Rufus, Mary Alice (Dallas); License #487429 Revocation of salesperson license, effective May 7, 2008 |
| Giese, William Henry, Jr. (Crowley); License #409182 Revocation of salesperson license, effective May 7, 2008 |
Pugh, Thomas Cartwright (Austin); License #509965 Revocation of salesperson license, effective May 7, 2008 |
| Hernandez, Sonia Margarita (Dallas); License #558117 Revocation of salesperson license, effective May 7, 2008 |
Watson, Vernon Lee (Granbury); License #198904 Agreed reprimand of broker license, entered May 8, 2008; Agreed administrative penalty of $500, entered May 8, 2008 |
| Beguerizsse, Nikki Lean (Houston); License #510399 Agreed reprimand of salesperson license, entered May 27, 2008; Agreed administrative penalty of $500, entered May 27, 2008 |
Brown, Leann A. (Wichita Falls); License #458862 Agreed reprimand of broker license, entered May 27, 2008; Agreed administrative penalty of $500, entered May 27, 2008 |
| Rice, Robert Warren (Dallas); License #343129 Agreed reprimand of broker license, entered June 3, 2008; Agreed administrative penalty of$500, entered June 3, 2008 |
Cintron, Joseph (Austin); License #526271 Agreed reprimand of salesperson license, entered June 6, 2008; Agreed administrative penalty of $500, entered June 6, 2008 |
| Salinas, Joseph Michael, Sr. (Farmer Branch); License #511238 Revocation of salesperson license, effective June 16, 2008 |
Mann, Sidney Vibert (Round Rock); License #233237 Revocation of broker license, effective June 16, 2008 |
| Feuerbacher, Billie Morse (Dallas); License #511689 Revocation of salesperson license, effective June 16, 2008 |
Ellis, Kelly Palmer (Round Rock); License #473563 Revocation of salesperson license, effective June 16, 2008 |
| Ware, Arveldia Lois (Tyler); License #476851 Agreed reprimand of salesperson license, entered June 17, 2008; Agreed administrative penalty of $500, entered June 17, 2008 |
|
| Failing to pay the $200 fee within the 60-day period provided by 22 TAC §535.92(f) | |
| Smith, Patricia Jean (Bacliff); License #486532 Revocation of salesperson license, effective April 2, 2008 |
Holland, Cameron Howell (Plano); License #535840 Agreed reprimand of salesperson license, entered April 24, 2008; Agreed administrative penalty of $750, entered April 24, 2008 |
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: August 18, 2008 and October 27, 2008
Broker-Lawyer
Committee Meetings: October 2, 2008
Inspector Committee Meetings: October 10-11, 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 19, Number 3
June/July 2008
Rick Perry
Governor
Commission Members:
|
John D. Eckstrum, Chairman | |
|
Troy C. Alley, Jr. Vice-Chair ARLINGTON |
William H. Flores COLLEGE STATION |
|
Adrian A. Arriaga, Secretary MC ALLEN |
Elizabeth
Leal |
|
Mary
Frances Burleson |
Tom C. Mesa PASADENA |
|
Chris Day JACKSONVILLE
|
Avis G. Wukasch ROUND ROCK |
TREC Administrator
Timothy K.
Irvine
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