The Texas Real Estate Commission is stepping out of its Austin headquarters to pay Houston a visit. On May 16, the Commission will meet at 9 a.m. inside the Century Ballroom II of the DoubleTree by Hilton-Houston Greenway Plaza. 

The Broker Responsibility Working Group (BRWG) met April 12. Members reviewed public comment submitted in response to a new proposed rule, 535.157 — Obligation to Respond Timely, and proposed changes to 535.2 — Broker Responsibility Rule. The group also continued discussion regarding the difference between a broker and a sponsoring broker, and whether there should be additional education requirements for sponsoring brokers.

Around 1% of Texas Real Estate Commission license holders are the subject of a complaint, and in 2022, slightly more than 5% of all complaints received by TREC were related to advertising issues.

Many advertising-related complaints can be handled easily, from adding missing brokerage information on for sale signs to adding missing required links on a license holder’s website. Because of these simple remedies, TREC is launching the Advertising Compliance Program, which will streamline the processing of complaints that deal only with advertising violations.

It sounds like an ideal scenario if you’re a landlord or listing agent for a residential lease: A licensed sales agent submits a prospective tenant’s application to you with proof of a clean background check and great credit report. But is that tenant’s agent making life easier for you, or is it a scam?

A Rise in Leasing Fraud

The Texas Real Estate Commission’s Enforcement Division is urging license holders to do their own research to avoid being part of the rise in complaint investigations involving leasing fraud.

An unexpected illness, a new opportunity, a change in the market, or a change in your personal life: These are all common reasons why Texas Real Estate Commission (TREC) license holders may take a break from the business.

Whether your break is planned or unexpected, setting your sales agent, broker, or inspector license to inactive status before your renewal or renewing as inactive is the best move if you want return to the real estate business in the future. Here’s why.

The Texas Real Estate Commission’s advisory committees and working groups have made several recommendations that the Commissioners will discuss and potentially propose or adopt during the TREC Meeting on February 13. Here are the highlights of what will be considered, including inspection report rule changes, proposed SAE requirements, and changes that affect broker responsibility and sales agent oversight of brokerage activity.

Based on recommendations from the Unauthorized Practice of Law Working Group, the Commission proposed at its November 2022 meeting a new rule—Section 537.1, Definitions—and amendments to Section 537.11, Use of Standard Contract Forms. The proposals were published in the Texas Register to allow for public comment.

The Broker Responsibility Working Group (BRWG) met January 11 and got updates from staff, discussed how to identify brokerage associations, and who should receive complaint notifications.

The form revisions adopted by the Texas Real Estate Commission in early November are now available for voluntary use until February 1, 2023, when their use becomes mandatory. The only exception is the revised Notice to Prospective Buyer (TREC 57-0) form, which will remain a voluntary use form.

During the November TREC Meeting, the Commission proposed two rule amendments and one new rule. The Texas Real Estate Inspector Committee recommended the proposal of amendments to 535.223, Standard Inspection Report Form. The Unauthorized Practice of Law Working group recommended a new rule, 537.1, Definitions, and amendments to Section 537.11, use of Standard Contract Forms.