What TAR said about TREC’s proposed rule changes

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10/06/2016 | Author: Legal Staff

The Texas Real Estate Commission at its August meeting proposed several rule changes, two of which either prohibit or limit an unlicensed assistant’s ability to access a property. These changes in §535.4 and §535.5 of the Texas Administrative Code would also prohibit an unlicensed assistant’s ability to host an open house and restrict an unlicensed person’s ability to view a property unescorted.

The Texas Association of REALTORS® last week submitted a letter outlining the association’s concern regarding these changes, which can be boiled down to two statements:

The Texas Association of REALTORS® is concerned that the proposed changes subject real estate brokers to unreasonable and unnecessary liability.
The Texas Association of REALTORS® is concerned that the proposed changes unfairly disadvantage license holders engaged in real estate specialties, including commercial, property management, and farm and ranch.

You can read the full letter submitted by TAR to TREC for an explanation of the association’s position. The commission will consider all comments received on the proposed changes at its November meeting

Categories: Legal
Tags: unlicensed assistant, trec rules, legal


Mike McEwen on 11/17/2016

Having or not a license to show a rent property has nothing to do w/ ethics, integrity,  honesty or the proper steps to take when opening a property.  Having to have a license to unlock a door is senseless.

Frank Candelaria on 10/06/2016

I agree with TREC…keep the unlicensed assistants off the property.

Judy Pool Homan on 10/06/2016

I agree completely with the letter above.  Thank you for speaking to TREC on our behalf.  While I agree with raising standards, making it almost impossible to do our business without unreasonable liability does not help.

Cheryl Crawford on 10/06/2016

My EEO insurance no longer will cover you if something happens during an open house.  We no longer do “open houses.”  I have explained the liability to my clients and they all seem to understand and are ok with it.

Doris Snipp on 10/06/2016

Thank you for recognizing that the goal is to educate Brokers and Realtors to carry out the duties of the real estate profession in Texas. Meeting the duties of Agency. Professional Standards and Ethics can be complicated for all to truly understand the intricacies and the huge responsibilities a Realtor has practicing in Texas.  We are in charge of a person’s largest investment.  They are looking to us as an expert. Unfortunately not all of us practice at that level.  We need to make it harder to obtain a real estate license not easier or with no effort put forth by a Realtor.  We need to cease fluff online courses as a fast route to licensure. One who has taken Agency or other courses in a class room setting can attest to the difficulty in fully understanding these and other core classes. True meaning can not be gleaned by looking at a laptop. We continue to need lengthy Legal and Ethics courses for those already licensed.  An example of experience needed in obtaining a CRS.  One needs to do a continuing number of transactions to qualify. Less than 5% of the nation’s Realtors hold this designation.  It requires one to practice real estate as a full time Realtor.  Perhaps we need to require Realtors to be full time in the profession. Perhaps an apprenticeship is needed. This would allow a truer understanding of what is involved in a transaction from beginning to end, prior to placing them out in the marketplace to unsuspecting buyers and sellers.  We are the only profession who has to fight to keep our earned commissions.  Paying for business in other professions can be seen as bribery and possibly illegal.  Our goal should be to enhance the delivery, understanding and knowledge of the industry, the market and fiduciary duties required to our Realtors, This in turn returns to our clients a higher level of service , as
well as completing a transaction
with their best interest truly represented.  Our goal is not to further expose our Realtors and Brokers to more liability, nor pretend any person by being given the title of assistant, can carry out the duties of a Realtor, no matter how small the task.

Elaine Dodson on 10/06/2016

I’ve always used $50 as client gift. My bookkeeper says IRS only allows $25.
Which is correct?

Ed Flanagan on 10/06/2016

Where does this leave photographers?

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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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