How long does a consumer have to file a complaint with TREC against a license holder

How long does a consumer have to file a complaint with TREC against a license holder

How You Can Help TREC Raise the Bar in Texas Real Estate

by TREC Executive Director Chelsea Buchholtz

Greetings from Austin. We are just on the other side of another Commission meeting and participation in Texas REALTORS Winter Meeting. I love that these two events occur at the same time in Austin so that attendees of the Winter Meeting can also attend the Commission meeting (and receive CE credit). And with Texas REALTORS as TREC's largest stakeholder group, participating in Winter Meeting is a wonderful opportunity to be with license holders. We talked about wholesaling, risk reduction/enforcement, education, and provided a TREC update to the Board of Directors. I am grateful for every opportunity to be with our license holder communities, and this was no exception. 

Throughout the last few months, and even at the most recent Commission meeting, broker supervision has come up as a topic of conversation in various forms, but primarily, it’s about sales agents who are not properly supervised by their brokers. This concern is often raised by a broker or agent on the other side of a real estate transaction. The Broker Responsibility Working Group (BRWG) and Education Standards Advisory Committee (ESAC) are each looking at aspects of this—potentially increasing the number of transactions a broker needs to sign off on and identifying qualifying and continuing education opportunities to educate brokers and agents about their responsibilities. As so many new agents join the professional community, equipping them with resources and supporting them is imperative. We will look for avenues to raise the bar from a regulatory and educational standpoint.  

But I also want all license holders to share in the responsibility to raise the bar. When you see problematic conduct of a fellow license holder, file a complaint. TREC is a complaint-based enforcement agency. We do not have investigators in the field looking for the bad actors. We rely on complaints to issue discipline. We rely on you.  

I have heard many say, "I can’t file a complaint. I need to work with these people again!" If that is true for you, I challenge you to come alongside those who need guidance and provide it. Kindly correct. Or call their broker. Do what it takes to change that type of conduct. The responsibility to raise the bar lies with us all—TREC does so from a regulatory standpoint. But each of you can do so as well.  

You can expect more to come on this topic in the coming months. I look forward to finding solutions and for each of you to be part of the conversation. 

How long does a consumer have to file a complaint with TREC against a license holder

Updates from the February Texas Real Estate Commission Meeting

The Texas Real Estate Commission met February 14. In addition to hearing updates from TREC staff, the Commission elected Jan Fite Miller as vice chair and Jason Hartgraves as secretary. Find out more about adopted and proposed rule changes, plus find the materials and recording from the meeting.

Appraisal, Evaluation, Broker's Price Opinion: What’s the Difference?

With countless valuation products, it’s important to know the differences and to understand the legal requirements of each. This article discusses the differences between appraisals, evaluations, and broker’s price opinions.

Updated Texas Real Estate Inspector Standards of Practice Now Effective

Real estate inspectors licensed in Texas are required to follow the Standards of Practice (SOPs). These SOPs define the minimum requirements for a real estate inspection performed for a prospective buyer or seller of one to four family dwelling. Changes to the SOPs were adopted at the August TREC Commission Meeting and are effective as of February 1.

How long does a consumer have to file a complaint with TREC against a license holder

Are You Using the Right Property Inspection Report Form?

Wholesaling in Texas Survey Closing Soon

TREC is conducting a survey on wholesaling and seeking input from consumers, wholesalers, and license holders. The survey will close Friday, February 18. 

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. Your anonymous responses will help the agency as it examines wholesaling practices and consumer protection measures. The survey should take about five minutes to complete.

TREC Updates

Education Standards Advisory Committee Recap: New Leadership, Administrative Audit Update, and New Working Group

The Education Standards Advisory Committee (ESAC) met January 3 and discussed potential courses and appointed new leadership. It also heard from staff about the current administrative audit and what it entails. Read more

Broker Responsibility Working Group Talks Property Management, Broker Oversight of New Agents

The Broker Responsibility Working Group met January 12 to discuss property management practices, public comments, and broker oversight in new agent transactions. Read more

Broker-Lawyer Committee Meeting Recap: Possible Form Changes and Public Comments Addressed

TREC's Broker-Lawyer Committee met January 14 to discuss public comments and potential changes to the Farm and Ranch Contract and other contract forms. Read more

Texas Real Estate Inspector Committee Recap: New Committee Leadership, Discussion on SOPs and Report Delivery by Inspector

The Texas Real Estate Inspector Committee met January 18. Three new officers were elected to serve in committee leadership, and the committee also made two subcommittee appointments. Read more

How long does a consumer have to file a complaint with TREC against a license holder

What is the statute of limitations for investigation of a licensed person in connection with a Texas real estate complaint?

The determination of the case is made based on the evidence provided to the TREC investigator proving if there is a violation of the Real Estate License Act or Texas Real Estate Commission rules. The statute of limitation from the date of the incident is four years.

What is the most common Real Estate License Law complaint?

The most common lawsuits brought against real estate agents are for breach of duty because clients place trust in their agents' expertise and their agent must act in the best interest of the client.

Who enforces the real estate Dealers Act in Texas?

The Texas Real Estate License Act is the legislation that governs the licensing of Texas real estate license holders. The Texas Real Estate Commission (TREC), on the other hand, enforces the provisions of TRELA. The Texas legislature created TREC in 1949 (10 years after the creation of TRELA) for that purpose.

Which is not a violation for which the Texas Real Estate Commission TREC may suspend or revoke a license or take other disciplinary action?

Which is NOT a violation for which the Texas Real Estate Commission (TREC) may suspend or revoke a license or take other disciplinary action? The answer is requesting a moral character determination from the Commission.