The Broker Responsibility Working Group met January 12, 2022, to discuss property management practices, public comments, and broker oversight in new agent transactions. Here is a recap of the group’s discussion.

The Texas Real Estate Commission (TREC) is conducting a study on wholesaling and seeking input from consumers, wholesalers, and license holders. Wholesaling is a model where a person enters into a contract to buy real estate and then sells their contractual interest in the property to a third party prior to closing. Take this anonymous survey to help the agency as it examines wholesaling practices and consumer protection measures. The survey should take about five minutes to complete.

We have published the video of the November 2021 "Coffee with the Commission" session. Chair Scott Kesner and Executive Director, Chelsea Buchholtz discussed all the latest from the November Commission meeting and what is coming for 2022.

During the November quarterly Commission meeting, several rule changes were proposed and adopted. See the full agenda and materials on the Commission Meetings and Minutes page. The next Commission meeting is scheduled for February 14, 2022 at 10:00 a.m.

Proposed Rules

There may be instances where a client wants to add language to a real estate contract. In a “hot market,” it is not uncommon for a buyer to want an escalation clause added to the contract (for example, language stating the buyer will pay “X amount more than the highest offer if other offers are present”). Typically, an escalation clause such as this will be added to “Paragraph 11, Special Provisions” (which is reserved for factual statements and business details) of the One to Four Family Residential Contract, but it might also be drafted as an addendum to the contract. 

The Texas Real Estate Commission recently adopted changes to the real estate inspector Standards of Practice (SOPs) at its August 9, 2021 meeting based on recommendations from the Texas Real Estate Inspector Committee. These changes are not effective until February 1, 2022. This six-month period will provide inspectors the time necessary to familiarize themselves with the updated SOPs prior to their mandatory use on February 1, 2022. 

We have published the August "Coffee with the Commission" session. TREC Chair, Scott Kesner and TREC Executive Director, Chelsea Buchholtz discussed the latest from the August TREC Commission meeting. They discussed the new PID addendum, escalation clauses, and more. Check out the video below.

As a result of the healthy Texas real estate market, the agency has seen an increase in new applications and longer hold times.  TREC is committed to providing superior customer service to anyone who reaches out to the agency. Part of that commitment is a dedication to ensure short hold times and quick responses to emails. To ensure the agency is maintaining the highest level of customer service, TREC has hired and is now training additional staff to answer phones and respond to emails.   

During the August quarterly Commission meeting, several rule and form changes were proposed and adopted. See the full agenda and materials on the Commission Meetings and Minutes page. The next Commission meeting is scheduled for November 8, 2021 at 10:00 a.m.

Form Changes

Changes were adopted to the following contract forms on an emergency basis:

Memorial Day was the last day of the Regular 87^th Legislative session. While there were several bills filed this session relating to the agency and its license holders, not all of those bills made it through the process.  The following is a summary of bills that passed both houses of the Legislature and have a direct effect on license holders. The agency is currently working on implementing the provisions of these bills.