Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.220Professional Conduct and Ethics
ISSUE 08/27/2004
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)The responsibility of those persons who engage in the business of performing independent inspections of improvements in real estate transactions imposes integrity beyond that of a person involved in ordinary commerce. Each inspector must maintain a high standard of professionalism, independence and fairness while performing inspections in a real estate transaction.

(b)The relationship between an inspector and a client should at a minimum meet the following guidelines.

  (1)In accepting employment as an inspector, the inspector should protect and promote the interest of his client to the best of his ability and knowledge, recognizing that the client has placed his trust and confidence in the inspector.

  (2)In the interest of his client and his profession, the inspector should endeavor always to maintain and increase his level of knowledge regarding new developments in the field of inspection.

  (3)The inspector should conduct his business in a manner that will assure his client of the inspector's independence from outside influence and interests that might compromise his ability to render a fair and impartial opinion regarding any inspection performed.

(c)The relationship between an inspector and the public should at a minimum meet the following guidelines.

  (1)The inspector should deal with the general public at all times and in all manners in a method that is conducive to the promotion of professionalism, independence and fairness to himself, his business and the inspection industry.

  (2)The inspector should attempt to assist the general public in recognizing and understanding the need for inspections, whether the inspector is selected to perform such inspection or not.

  (3)The inspector accepts the duty of protecting the public against fraud, misrepresentation or unethical practices in the field of real estate inspections.

(d)The relationship of the inspector with another inspector should at a minimum meet the following guidelines.

  (1)The inspector should bind himself to the duty of maintaining fairness and integrity in all dealings with other inspectors and other persons performing real estate inspections.

  (2)The inspector should cooperate with other inspectors to insure the continued promotion of the high standards of the real estate inspection profession and pledges himself to the continued pursuit of increasing competence, fairness, education and knowledge necessary to achieve the confidence of the public.

  (3)If an inspector has knowledge of a possible violation of the rules of the Texas Real Estate Commission or Texas Occupations Code, Chapter 1102, the inspector should report the possible violation to the Texas Real Estate Commission.

(e)The inspector should make a reasonable attempt to cooperate with other professionals and related tradesmen at all times and in all manners in a method that is conducive to the promotion of professionalism, independence and fairness to himself, his business, and the inspection industry.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 11, 2004

TRD-200405129

Loretta DeHay

General Counsel

Texas Real Estate Commission

Effective date: August 31, 2004

Proposal publication date: June 25, 2004

For further information, please call: (512) 465-3900



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