Commission Reappoints Two Inspector Members to Inspector Advisory Committee
Every legislative session
TREC monitors bills filed that could affect the agency, its licensees and the
real estate industry. Pre-filing of bills began November 10, 2008 and the deadline
for filing bills and joint resolutions other than local bills, emergency appropriations,
and bills that have been declared an emergency by the governor was March 13,
2009.
The following is a sampling of real estate related bills.
SB
234 by West – Regarding the sale of real property subject to restrictive
covenants, would amend the disclosure required by section 5.012 of the Property
Code to provide notification of the buyer's right to obtain copies of restrictions,
bylaws, and a resale certificate from a property owners' association from the
seller; would amend section 207.003 of the Property Code to require that a resale
certificate provide, among other things, a statement of all fees associated
with the transfer of ownership, including a description of each fee, to whom
each fee is paid, and the amount of each fee.
SB
354 by Estes – Provides for required statutory disclosures for persons
providing foreclosure consulting services except for certain licensees, including
real estate salespersons and brokers. The bill also provides statutory notices
and disclosures required to be included in "equity purchase contracts"
as defined in the bill.
SB
862 by Eltife – Would modify licensing fee structure; would create
an exception to certain requirements for recovery from the real estate recovery
trust account in cases involving bankruptcies, provided that persons seeking
recovery make a good faith effort to protect the account from judgments being
discharged in bankruptcy; would expand discrimination prohibition to include
disability and familial status; and would amend Residential Service Company
Act to reflect change from TREC's inhouse hearing officer to the State Office
of Administrative Hearings. See also HB 1406.
SB
1036 by Harris – Would amend the Texas Timeshare Act to modify the
requirements for timeshare filings and would modify certain requirements for
timeshare contracts. See also HB 4452.
SB
1184 by Patrick – Would permit education providers to offer online
and correspondence courses for core credit (without associating with a college
or university, as is currently required) if certain requirements are met. Requirements
include the provider being a Texas entity with its principal office in Texas,
the provider also offering a classroom version of any online or correspondence
course, and pre- and post-assessments of all students. See also HB 2837.
HB
23 by Leibowitz – Similar to the recent changes to the Seller's Disclosure
Notice, this bill would require a landlord to disclose to a prospective tenant
any actual knowledge of the landlord of previous use of the leased premises
for the manufacture of methamphetamine.
HB
28 by Leibowitz – Would require a seller of property to give written
notice to a buyer indicating whether the seller has received notice from a municipality
under Section 43.052, Local Government Code, that the property is included in
the municipality's annexation plan and may be subject to annexation by the municipality.
HB
114 by Pickett – Provides for the elimination of the requirement of
obtaining fingerprints for new and renewing real estate license applications.
Fingerprints are necessary for TREC to obtain FBI background checks.
HB
372 by Jackson – Provide that meetings of property owners associations
where membership is mandatory are subject to the Texas Open Meetings Act, Chapter
552, Gov. Code; would similarly provide that such records are subject to the
Texas Public Information Act, Chapter 551, Gov. Code.
HB
690 by Solomons – Relating to the right of a tenant to hold a landlord
liable for falsely advertised square footage or amenities.
HB
735 by Quintanilla – Would require an individual who is licensed or
certified by a state regulatory agency to prominently display the individual's
license or certificate number on any document, advertisement, business card,
or logo provided to the public.
HB
972 by Quintanilla – Would require an individual who is licensed or
certified by a state regulatory agency to prominently display the individual's
license or certificate number on advertisements of persons soliciting business
in people's homes (including by mail, e-mail, phone, etc.).
HB
1356 by Isett - Would add an employee of a property management company who
shows and leases condominiums on behalf of the management company that has been
hired by a condominium unit owners’ association for the purpose of leasing
units to those individuals exempted from the licensing requirements by §1101.005
of the Texas Occupations Code.
HB
1405 by Geren – Creates licensure requirement for landmen, including
pre-licensing and continuing education, examination, and scope of practice requirements
to be determined and implemented by TREC. See also SB 1154.
HB
3738 by Isett – Would require accredited schools, colleges, and universities
to register with the Commission and take greater responsibility for the content
and presentation of correspondence courses offered by or through those institutions.
Would require TREC to develop a list of approved textbooks and a process for
adding books thereto. Would extend 55% exam pass rate requirements to registered
schools, colleges, and universities.
For more information regarding the 81st Regular Session of the Texas Legislature and other pending legislation, the Texas Legislature's website is www.capitol.state.tx.us
Background Check Fee for Renewals
All licensees who have been fingerprinted for TREC will eventually have to pay an additional fee for a subsequent background check when renewing their licenses. Licensees who were fingerprinted for a 2008 renewal, application or late renewal, and whose current license expiration is March 31, 2009 or thereafter, must pay the renewal fee and an additional fee (currently $19.25 ) for a subsequent background check to renew the license. Renewal fees will be returned to licensees who submit incorrect fee amounts and the license will expire if the correct amount is not timely received.
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 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, October 27, 2008. Chairman John D. Eckstrum presided.
During staff reports a new employee was introduced, Jessica Calderon in the Communication Department.
The Commission approved payment of two recovery trust fund claims in the amounts of $23,393 and $25,827.
The Commission proposed amendments to 22 TAC §535.64 concerning Accreditation of Schools and Approval of Courses and Instructors. The Commission adopted two new addenda, Addendum for Reservations of Oil, Gas, and Other Minerals and a Short Sale Addendum, under 22 TAC §537.51 and §537.52. The Commission also adopted amendments to 22 TAC §534.2 concerning Processing Fees for Dishonored Payments; 22 TAC §535.51 concerning General Requirements; 22 TAC §535.52 concerning Individuals; 22 TAC §535.400 concerning Registration of Easement or Right-of-Way Agents and 22 TAC §541.1 concerning Criminal Offense Guidelines.
There was discussion concerning the effective date of the new home inspector Standards of Practice and standard inspection report form. The Commission established a policy that authorized inspector licensees to use the new report form on a voluntary basis prior to the February 1, 2009, effective date.
Administrator Tim Irvine announced that he would be leaving the Commission at the end of December. Loretta R. DeHay, Assistant Administrator and General Counsel, was appointed interim administrator. The Chair appointed Commissioners Mesa, Alley, Wukasch and himself as the selection committee for a new administrator.
The Commission heard three proposals for decision from the State Office of Administrative Hearings, adopting two and revising another.
The next scheduled meetings of the Commission will be February 23, 2009 at the TREC headquarters in Austin, TX.
February 23, 2009
The Texas Real Estate Commission held its regularly scheduled meeting at the TREC headquarters in Austin, Texas on Monday, February 23, 2008. Chairman John D. Eckstrum presided.
The Commission elected Commissioner Avis G. Wukasch as vice-chair and Commissioner Adrian A. Arriaga as Secretary for the upcoming year.
The Commission recognized former Chair John Walton for his service to the Texas Real Estate Commission and the State of Texas.
The Commission voted to pay one claim against the Real Estate Recovery Trust Account in the amount of $15,182.
The Commission voted to propose for comment amendments to 22 TAC §535.212, concerning Education and Experience Requirements for an Inspector License. The amendment would correct the form number referenced in the rule to the current form.
The Commission voted to adopt rule amendments to 22 TAC §535.64, concerning Accreditation of Schools and Approval of Courses and Instructors. This rule adopts by reference a revised TREC ED 3-1, Course Application.
The Commission reappointed Fred Willcox and Brian P. Murphy to the Inspector Advisory Committee.
The Commission heard five proposals for decision from the State Office of Administrative Hearings and adopted them.
The next scheduled meeting of the Commission will be May 26, 2009, at 1:00 p.m.
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.
At the Commission
meeting on February 23, 2009, TREC recognized former Commissioner and Chairman
John S. Walton, Jr. for his service to the Commission and the State of Texas.
On May 2, 2001, John Walton of Lubbock was selected by Governor Perry to
serve on the board of the Texas Real Estate Commission.
On March 8, 2004,
John Walton was appointed by Governor Perry to serve as the Chairman of
the Texas Real Estate Commission and he served in that capacity until March
28, 2008, when Governor Perry appointed his successor.
Mr. Walton brought
to the position of Chairman an incomparable array of skills, talents and
experience, having established a large and highly successful real estate
practice in Lubbock, and having served in a number of important roles with
the Texas Association of Realtors, including serving as its Chairman in
1999.
Walton is Owner
and Broker of Century 21 John Walton Realtors, a full service brokerage
firm in Lubbock. Walton is a graduate of Texas Tech University.
Commission Reappoints Two Inspector
Members to Inspector Advisory Committee
At its meeting on February 23, 2009,
the Commission reappointed Brian P. Murphy of Arlington and Fred Willcox of
Houston were reappointed to the Real Estate Inspector Advisory Committee. Both
Mr. Murphy and Mr. Willcox served on the former Inspector Committee. They were
appointed to the Inspector Advisory Committee when it was formed at the October
8, 2007 meeting of the Commission. The term for each member is normally six
years. To establish a rotation schedule for the appointing of members, both
Mr. Murphy and Mr. Willcox were appointed to shorter terms of only fifteen months.
Public member Wayne Burgess’ term also expired in February 2009. No public
member has been appointed to replace him. Following the Commission’s model,
the public members cannot hold an occupational license in the real estate field
(appraiser, real estate broker/salesperson, mortgage broker, etc.).
Persons interested in serving
as a public member should contact the Committee liaison, Devon V. Bijansky at
devon.bijansky@trec.state.tx.us or mail a resume and letter of interest to TREC,
P.O. Box 12188, Austin, TX 78711-2188.
Rule No. |
Effective Date/Action |
Summary of Adopted Rules |
| §534.2
|
01/07/09 ADOPTED |
The amendments to §534.2
change the title to the section and clarify that the processing
fee for dishonored payments does not only apply to dishonored checks
but to any other types of dishonored payments such as a charge back
to a credit card. Upon adoption the remaining reference to a “check”
in the second sentence of subsection (a) of the proposed amendment
was changed to read “payment.” |
§535.51 |
01/07/09 ADOPTED |
The amendments to §535.51
adopt by reference ten revised application forms. The amendments
clarify and, when possible, simplify certain licensure requirements
for applicants and renewing licensees. All ten forms revise the
language of the question regarding the criminal background of the
applicant, designated manager, or designated officer to clarify
that deferred adjudication must be disclosed to the Commission.
Form BLC-6, Application for a Real Estate Broker License by a Corporation,
is also updated to reflect current terminology regarding corporate
records as amended by the Texas Business Organizations Code. Form
BLR-9, Application for Late Renewal of a Real Estate Broker License,
is also updated to simplify the fee structure by eliminating a separate
category of fees for expired licensees who are applying for late
renewal after the license expired under a previous fee structure.
Form BLRC-6, Application for Late Renewal of Real Estate Broker
License by a Corporation, is also updated both to incorporate the
corporate terminology changes of form BLC-6 and to eliminate the
separate category of fees as in form BLR-9. Form SLR-10, Application
for Late Renewal of Real Estate Salesperson License, is also updated
to eliminate the separate category of fees as in form BLR-9. Form
BLLLC-6, Application for Real Estate Broker License by a Limited
Liability Company, is also updated to reflect current terminology
regarding records of limited liability companies as amended by the
Texas Business Organizations Code. Form BLRLLC-6, Application for
Late Renewal of a Real Estate Broker License by a Limited Liability
Company, is also updated both to incorporate the limited liability
company terminology changes of form BLLLC-6 and to eliminate the
separate category of fees as in form BLR-9. |
§535.52 |
01/07/09 ADOPTED |
The amendments to §535.52
clarify the conduct that the commission believes tends to demonstrate
that an applicant for a license or registration with the commission
does not meet the requisite honesty, trustworthiness, and integrity
required by Texas Occupations Code Chapters 1101 and 1102. |
§535.400 |
01/07/09 ADOPTED |
The amendments adopt by reference
two revised forms to clarify certain licensure requirements for
applicants. Both forms revise the language of the question regarding
the criminal background of the applicant, designated manager, or
designated officer to clarify that deferred adjudication must be
disclosed to the Commission. Form ERW 1-3, Application For Easement
Or Right-of-Way Agent Registration For An Individual was changed
from the proposed form to reflect the correction of three typos
and the updated acronym and address for the Texas Guaranteed Student
Loan Corporation. Form ERW 2-3, Application For Easement Or Right-of-Way
Agent Registration For A Business, is also updated to reflect current
terminology regarding corporate records as amended by the Texas
Business Organizations Code. |
§537.51, §537.52 |
03/01/09 ADOPTED |
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. Details of the changes to the forms
can be found in the preamble to the rules. New
22 TAC §537.51 adopts by reference a new TREC addendum for
reservation of oil, gas, and other minerals. The addendum would
be used in situations where a seller in a real estate transaction
wishes to reserve all or an identified percentage interest in the
mineral estate owned by the seller, as defined in the addendum. New 22 TAC §537.52 adopts by reference a new TREC short sale addendum. The addendum would be used in transactions where the seller requires the consent of the lienholder to sell the property and the lienholder agrees to accept the seller’s net proceeds in full satisfaction of seller’s liability under the mortgage loan. |
§541.1 |
01/07/09 ADOPTED |
The amendments to §541.1
clarify the types of criminal offenses that the commission believes
relate to the duties and responsibilities of a real estate broker,
salesperson, easement or right-of-way agent, professional inspector,
real estate inspector, or apprentice inspector in that the offenses
tend to demonstrate the person’s inability to represent the
interest of another with honesty, trustworthiness, and integrity
required by Texas Occupations Code Chapters 1101 and 1102. |
RULE NO. |
EARLIEST POSSIBLE DATE OF ADOPTION |
SUMMARY OF PROPOSED RULE |
| §535.64
|
2/23/2009 |
The proposed amendments to §535.64
concerning Accreditation of Schools and Approval of Courses and
Instructors would adopt by reference a revised course application
form. Form ED 3-1, Course Application, has been revised to obtain
additional information regarding the type of course, the provider’s
contact information, the delivery format, a sample course completion
certificate, approval from the Distance Learning Certification Center
for online courses, and a permission letter for courses using another
provider’s materials. The amendments also update a reference
to Form ED 7-1, Instructor Manual Guidelines, which erroneously
referred to an outdated version of the form, and a reference to
the instructor approval requirements, which was not updated when
the lettering of the subsections changed at the time of previous
amendments to the section. |
For complete text of the rules go to http://www.trec.state.tx.us/formslawscontracts/rules_codes/trecrules.asp |
||
Rule No. |
Effective Date/Action |
Summary of Adopted Rules |
|
§535.64
|
3/22/2009 ADOPTED |
The adopted amendments to §535.64
concerning Accreditation of Schools and Approval of Courses and
Instructors adopt by reference a revised course application form.
Form ED 3-1, Course Application, was revised to obtain additional
information regarding the type of course, the provider’s contact
information, the delivery format, a sample course completion certificate,
approval from the Distance Learning Certification Center for online
courses, and a permission letter for courses using another provider’s
materials. The amendments also update a reference to Form ED 7-1,
Instructor Manual Guidelines, which erroneously referred to an outdated
version of the form, and a reference to the instructor approval
requirements, which was not updated when the lettering of the subsections
changed at the time of previous amendments to the section. |
RULE NO. |
EARLIEST POSSIBLE DATE OF ADOPTION |
SUMMARY OF PROPOSED RULE |
|
§535.212 |
5/26/2009 |
The proposed amendment to §535.212 concerning Education and Experience Requirements for an Inspector License updates a reference to the recently revised standard inspection report form. |
Enforcement questions and answers (FAQs) may be found on TREC's
web site at
http://www.trec.state.tx.us/questions/faq-enf.asp
Wright, Sharon
Seline
(Houston); License #519463
Agreed 2 year suspension of salesperson license fully probated for 9 years,
effective December 1, 2008; entering a plea of guilty or nolo contendere to
or being convicted of a felony in which fraud is an essential element without
regard to an order granting community supervision that suspends the imposition
of the sentence, in violation of §1101.652(a)(1) of the Texas Occupations
Code; failing to notify the Commission, not later than the 30th day after the
date of a final conviction or the entry of a plea of guilty or nolo contendere,
that the person has been convicted of or entered a plea of guilty or nolo contendere
to a felony or a criminal offense involving fraud, in violation of §1101.652(a)(9)
of the Texas Occupations Code
Burleson, Janet
Elaine
(Fort Worth); License #354893
Agreed 3 month suspension of salesperson license fully probated for 3 years,
effective December 1, 2008; acting negligently by making statements that mislead
the public as to property value, and failing to make clear to all parties to
a real estate transaction the party for whom the license holder is acting, failing
to provide an Information About Brokerage Services form and failing to obtain
the proper written consent to act as an intermediary, in violation of §§1101.652(b)(1)
and (7), 1101.558(c), and 1101.559(a) of the Texas Occupations Code Garza,
Tellier, Corinne
Robare
(Conroe); License #401907
Agreed reprimand of salesperson license, entered December 11, 2008; Agreed administrative
penalty of $500, entered December 11, 2008; acting negligently and incompetently
in failing to obtain any listing agreement for leasing of property in Spring,
Texas, commingling of rental and security deposit monies with licensee’s
own money, executing real estate transaction documentation on behalf of an alleged
principal without proper legal authority to do so, failing to insure proper
ownership of property and taking of a commission from a principal’s security
deposit, 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
by failing to obtain any listing agreement for leasing of property in Spring,
Texas, commingling of rental and security deposit monies with licensee’s
own money, executing real estate transaction documentation on behalf of an alleged
principal without proper legal authority to do so, failing to insure proper
ownership of property and taking of a commission from a principal’s security
deposit, in violation of §1101.652(b)(2) of the Texas Occupations Code;
commingling money that belongs to another person with the license holder’s
own money when Respondent deposited rental and security deposit monies into
her personal banking account instead of a proper trust account, in violation
of §1101.652(b)(10) of the Texas Occupations Code; and offering to sell
or lease real property without the knowledge or consent of the owner of the
real property or the owner’s authorized agent in violation of §1101.652(b)(19)
of the Texas Occupations Code
Trahan, Mi Sook
(Katy); License #500351
Agreed reprimand of salesperson license, entered December 12, 2008; Agreed administrative
penalty of $1,000, entered December 5, 2008; failing to present 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 Occupations 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) the Texas Occupations Code; acting negligently or incompetently
in formation, authorization, and conduct for an 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 the intermediary
relationship between the parties, in completing contract forms and failure to
timely deposit 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 the formation,
authorization and conduct between the parties in an intermediary relationship,
in violation of §1101.652(b)(7) of the Texas Occupations Code
Peter B. Merritt,
LLC
(Houston); License #517954
Agreed 6 month suspension of broker license fully probated for 1 year, effective
December 17, 2008; Agreed administrative penalty of $11,000, entered December
17, 2008; broker negligent supervision of a sponsored licensee in failing to
obtain a proper listing agreement on property, charging a transaction fee without
the knowledge and consent of the parties to the transaction; failing to timely
remit option fee monies to seller, failing to timely terminate a listing agreement,
failing to ensure it is associating with an actively licensed salesperson, and
paying commissions to unlicensed individuals, in violation §1101.652(b)(1)of
the Texas Occupations Code; commingling money that belongs to another person
with the license holder’s own money, in violation of §1101.652(b)(10)
of the Texas Occupations 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; paying a commission or fee
to or dividing a commission or a fee with a person other than a license holder
or broker/salesperson in another state from 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 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
Merritt, Peter
Bryant
(Houston); License #185826
Agreed administrative penalty of $1,000, entered December 17, 2008; broker negligent
supervision of a sponsored licensee in failing to obtain a proper listing agreement
on property, charging a transaction fee without the knowledge and consent of
the parties to the transaction; failing to timely remit option fee monies to
seller, failing to timely terminate a listing agreement, failing to ensure it
is associating with an actively licensed salesperson, and paying commissions
to unlicensed individuals, in violation of §1101.652(b)(1) of the Texas
Occupations Code; commingling money that belongs to another person with the
license holder’s own money, in violation of §1101.652(b)(10) of the
Texas Occupations 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; paying a commission or fee
to or dividing a commission or a fee with a person other than a license holder
or broker/salesperson in another state from 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 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
Hansel, Travis
D.
(Colleyville); License #572782
Agreed reprimand of salesperson license, entered December 19, 2008; Agreed administrative
penalty of $500, entered December 19, 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)
Nelson, Shirley
Ann
(Spring Branch); License #202305
Agreed reprimand of broker license, entered December 31, 2008; Agreed administrative
penalty of $250, entered December 31, 2008; acting negligently or incompetently
by failing to have the parties execute an amendment addressing repairs and failing
to ensure that the buyer was aware that repairs had not been completed, in violation
of Section 1101.652(b)(1) of the Texas Occupations Code
Perez, Margaret
(Cypress); License #244158
Agreed 60-day suspension of salesperson license effective January 1, 2009; beginning
February 1, 2009 the remaining 30 days fully probated for 1 year; Agreed administrative
penalty of $1,000, entered: January 1, 2009; 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);
failing to make clear to all parties to a real estate transaction the party
for whom the license holder is acting, in violation of §1101.559(a) of
the Texas Occupations Code; failing within a reasonable time to deposit earnest
money or obtaining the principals’ written consent to delay the deposit
of earnest money in a real estate transaction, in violation of 22 TAC §535.159(i)
TIP, Inc.
(Austin); License #40517
Agreed 6 month suspension of broker license fully probated for 2 years, effective
January 5, 2009; Agreed administrative penalty of $2,000, entered January 5,
2009; acting negligently or incompetently in preparation of property management
documentation, not maintaining adequate records and retaining supporting documentation
for statements of repair, making repairs beyond amount authorized without client
permission, and failing to investigate non-receipt of rents, in violation of
§1101.652(b)(1) of the Texas Occupations Code; acting in bad faith toward
the client in, violation of §1101.652(b)(2) of the Texas Occupations Code;
failing within a reasonable period of time to account for or remit security
and pet deposits received belonging to client under terms of property management
agreement, in violation of §1101.652(b)(9) of the Texas Occupations Code;
commingling security deposit monies belonging to client with own monies, in
violation of §1101.652(b)(10) of the Texas Occupations Code; and, withholding
from or inserting into monthly statements of account items known to be inaccurate
in a material way, in violation of §1101.652(b)(24) of the Texas Occupations
Code
Corsetti, Anna
L.
(Fort Worth); License #408702
Revocation of salesperson license, effective January 2, 2009; procuring or attempting
to procure a license by fraud, misrepresentation, or deceit and by making a
material misstatement of fact about her entering a plea of guilty or nolo contendere
to a felony in an application for a license, in violation of 1101.652(a)(2)
of the Texas Occupations Code; three counts of failing to provide, within a
reasonable time, information requested by the Commission that relates to a formal
or informal complaint to the Commission, in violation of §1101.652(a)(6)
of the Texas Occupations Code
Caesar, Gwendolyn
Coffey
(Dallas); License #444943
Agreed revocation of broker license fully probated for 1 year, effective January
2, 2009; Agreed administrative penalty of $1,000, entered January 2, 2009; acting
negligently or incompetently and engaging in conduct that is dishonest or in
bad faith or that demonstrates untrustworthiness in completing contract forms
and structuring a broker’s commission as a net listing to the disadvantage
of an elderly seller, in violation of §1101.652(b)(1) and (2) of the Texas
Occupations Code and 22 TAC §535.16(b); failing in her primary duty as
real estate agent to represent the interests of the agent’s client, placing
a personal interest above that of her client, and using use her expertise to
the disadvantage of a person with whom the licensee deals, in violation of 22
TAC § 531.1(1) and (3), and 22 TAC §535.144(b)
Riddle, Noel
(Longmont, CO); License #N/A
Assessment of administrative penalty of $3,000 and order to cease and desist
unlicensed real estate brokerage activity, entered January 7, 2009; although
never duly licensed as a real estate broker or salesperson, in December 2004,
he individually or under the business name FL Marketing acted, engaged in, and
represented that he or the business were a real estate broker or salesperson
without first holding a license issued by the Texas Real Estate Commission when
he assisted a buyer and new home seller in the marketing and negotiation of
a new home sales contract for a fee, in violation of §1101.351(a) of the
Texas Occupations Code; In 2008, acting, engaging in, and representing that
he was a real estate broker or salesperson without first holding a license issued
by the Texas Real Estate Commission when he advertised his services as a New
Home Locator with the expectation of receiving a fee violation of §1101.351(a)
of the Texas Occupations Code
Davis, Kathryn
(Mesquite); License #N/A
Assessment of administrative penalty of $3,000 and order to cease and desist
unlicensed real estate brokerage activity, entered January 7, 2009; between
9/1/04 and 2/13/05, after expiration and before late renewal of her real estate
salesperson license, acting, engaging in, and representing that she was a real
estate broker or salesperson without first holding a license issued by the Texas
Real Estate Commission by acting as an agent for others for a fee in real estate
sales transactions wherein she represented she was an associate of her former
sponsoring broker, in violation of §1101.351(a) of the Texas Occupations
Code
Diggles, David
L.
(De Soto); License #N/A
Agreed administrative penalty of $5,500, entered January 8, 2009; In 2005, he
individually or under the business names Freshstart Investments or DLD Holdings
acted, engaged in, and represented that he or the businesses were real estate
brokers or salespersons without first holding a license issued by the Texas
Real Estate Commission by conducting real estate brokerage services in 10 real
estate sales transactions wherein he or the businesses received payments for
real estate brokerage services described, in part, as legal services or payoff
of a debt or loan owed by the seller, in violation of §1101.351(a) of the
Texas Occupations Code; In 2006 he acted as a buyer’s agent and held himself
out as an associate of a duly licensed real estate broker without the broker’s
knowledge or consent in violation of §1101.351(a) of the Texas Occupations
Code
Seay, Edgar
F.
(Greenville, SC); License #N/A
Assessment of administrative penalty of $5,000 and order to cease and desist
unlicensed real estate brokerage activity, entered January 9, 2009; acting in
or engaging in the business of, or advertising or holding himself out as engaging
in or conducting the business of a real estate salesperson without first obtaining
a real estate license, in violation of §1101.351(a) of the Texas Occupations
Code and acting as a broker or salesperson prior to receiving a license evidencing
that authority prior to successfully passing the licensing exam and after application
for licensure had expired, in violation of §1101.351(b) of the Texas Occupations
Code
Chris Von Holten
Realtors, Inc.
(Dallas); License #N/A
Assessment of administrative penalty of $1,000 and order to cease and desist
unlicensed real estate brokerage activity, entered January 12, 2009; corporation
was never duly licensed as a real estate broker and it acted, engaged in, and
represented that it was a real estate broker without first holding a license
issued by the Texas Real Estate Commission by conducting real estate brokerage
services in a real estate transaction by and through Chris David Vonholten,
a Texas real estate broker at that time, in violation of §1101.351(a) of
the Texas Occupations Code
Rosanky, Steven
Lynn
(Austin); License #267514
Agreed 6 month suspension of broker license fully probated for 2 years, effective
January 13, 2009; Agreed administrative penalty of $1,000, entered January 13,
2009; acting negligently or incompetently in preparation of property management
documentation, not maintaining adequate records and retaining supporting documentation
for statements of repair, making repairs beyond amount authorized without client
permission, and failing to investigate non-receipt of rents, in violation of
§1101.652(b)(1) of the Texas Occupations Code; acting in bad faith toward
the client, in violation of §1101.652(b)(2) of the Texas Occupations Code;
failing within a reasonable period of time to account for or remit security
and pet deposits received belonging to client under terms of property management
agreement, in violation of §1101.652(b)(9) of the Texas Occupations Code;
by commingling security deposit monies belonging to client with own monies,
in violation of §1101.652(b)(10) of the Texas Occupations Code; and, withholding
from or inserting into monthly statements of account items known to be inaccurate
in a material way, in violation of §1101.652(b)(24) of the Texas Occupations
Code
Marinez, David
Thomas Charles
(San Antonio); License #368538
Agreed reprimand of broker license, entered January 14, 2009; using the special
provisions paragraph of a one to four family residential contract to negotiate
a commission, in violation of §1101.652(b)(1) of the Texas Occupations
Code
Campbell, Vasha
Tonique
(Spring); License #588462
Agreed revocation of salesperson license fully probated for 1 year, effective
January 23, 2009; Agreed administrative penalty of $500, entered January 23,
2009; failing within a reasonable time to make good a check issued to the Commission,
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
a request for payment, in violation of 22 TAC §534.2(a)
Ernest, Michael
James
(Southlake); License #327286
Agreed reprimand of broker license, entered January 28, 2009; Agreed administrative
penalty of $250, entered January 28, 2009; acting negligently or incompetently
when a person who had been sponsored by him as an associate real estate salesperson,
continued without his knowledge or consent to act as a licensed real estate
salesperson and associate of the broker after the expiration of the salesperson's
license, in violation of §1101.652(b)(1) of the Texas Occupations Code;
using a name in his real estate brokerage that gave the appearance it was a
business entity duly organized and existing under the Texas Business Organization
Code when in fact it was not and Mr. Ernest did not timely notify the Commission,
in writing of his use of the business name in violation of §1101.652(b)(23)
of the Texas Occupations Code
Tate, Ronald
Clifton
(Shavano Park); License #400963
Agreed reprimand of broker license, entered January 29, 2009; agreed administrative
penalty of $1,000, entered January 29, 2009; improperly associating with an
unlicensed limited liability company that was engaging in real estate brokerage
activities, in violation of §1101.652(b)(26) of the Texas Occupations Code
| Failing
to complete mandatory continuing education hours and pay the $200 fee
within the 60-day period provided by 22 TAC §535.92(f) |
|||||
| Perreault, Deborah A. (Las Vegas, NV); License #512482 Agreed revocation of salesperson license fully probated for one year, effective December 1, 2008; Agreed administrative penalty of $500, entered: December 1, 2008 |
Woodworth, Roderick S. III (Missouri CIty); License #553843 Agreed reprimand of salesperson license, entered December 2, 2008; Agreed administrative penalty of $500, entered December 2, 2008 |
Lewis, Kenneth B. Jr. (Burleson); License #517442 Agreed reprimand of salesperson license, entered December 2, 2008; Agreed administrative penalty of $500, entered December 2, 2008 |
Gonzales, Deborah Lee (Dallas); License #489942 Agreed revocation of salesperson license fully probated for 1 year, entered December 5, 2008; Agreed administrative penalty of $500, entered December 5, 2008 |
Paroo, Shahin N. (Plano); License #504387 Agreed reprimand of salesperson license, entered December 10, 2008; Agreed administrative penalty of $500, entered December 10, 2008 |
Kreller, Wayne Winslow (Lubbock); License #568309 Revocation of salesperson license, effective December 18, 2008 |
| Perritte, Lindsey Anne (Southlake); License #555159 Agreed reprimand of salesperson license, entered December 19, 2008; Agreed administrative penalty of $500, entered December 19, 2008 |
Posas, Chrisann Bray (Lyford); License #508701 Revocation of salesperson license, effective December 31, 2008 |
Clemm, Stacy Renee (Dallas); License #553453 Agreed reprimand of salesperson license, entered December 31, 2008; Agreed administrative penalty of $500, entered December 31, 2008 |
Josefa Ponce (San Antonio); License #520288 Agreed reprimand of salesperson license, entered December 31, 2008; Agreed administrative penalty of $500, entered December 31, 2008 |
Qualls, Stacy Strom (Dripping Springs); License #53397 Agreed revocation of salesperson license fully probated for 18 months, effective January 12, 2009; Agreed administrative penalty of $500, entered January 12, 2009 |
Hall,
Brandon Dow |
| Cisneros, Chris L. (San Antonio); License #434294 Agreed revocation of salesperson license fully probated for 2 years, effective January 15, 2009; Agreed administrative penalty of $750, entered January 15, 2009 |
Nguyen, Tri M. (Houston); License #571386 Revocation of salesperson license, effective January 21, 2009 |
McClendon, Cynthia Carlette (Houston); License #451534 Revocation of salesperson license, effective January 21, 2009 |
Owens, Dione Renee (Austin); License #553908 Revocation of salesperson license, effective January 21, 2009 |
Drankoski, Michael David (Dallas); License #553379 Revocation of salesperson license, effective January 21, 2009 failing to complete mandatory continuing education hours and pay the $200 fee within the 60-day period provided by 22 TAC §535.92(f) |
Garcia, Salvador, Jr. (Houston); License #553581 Agreed reprimand of salesperson license, entered January 21, 2009; Agreed administrative penalty of $750, entered January 21, 2009 |
| McCune, James Edward, Jr. (Houston); License #283578 Agreed revocation of salesperson license fully probated for 2 years, effective January 23, 2009; Agreed administrative penalty of $750, entered January 23, 2009 |
Johnson, Betty E. (Lewisville); License #257332 Agreed revocation of salesperson license, effective January 26, 2009 |
||||
| Failing
to pay the $200 fee within the 60-day period provided by 22 TAC §535.92(f) |
|||||
| Thornton, Angie Gail (Amarillo); License #494988 Agreed reprimand of salesperson license, entered January 29, 2009; Agreed administrative penalty of $750, entered January 29, 2009 |
|||||
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: May 26, 2009
Broker-Lawyer
Committee Meetings: April 3, 2009
Inspector Committee Meetings: None scheduled at this time
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 20, Number 2
March 2009
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