Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.223Standard Inspection Report Form
ISSUE 09/10/2021
ACTION Final/Adopted
Preamble Texas Admin Code Rule

The Commission adopts by reference Property Inspection Report Form REI 7-6, approved by the Commission for use in reporting inspections results. This document is published by and available from the Commission website: www.trec.texas.gov, or by writing to the Commission at Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

  (1)Except as provided by this section, inspections performed for a prospective buyer or prospective seller of substantially complete one-to-four family residential property shall be reported on Form REI 7-6 adopted by the Commission ("the standard form").

  (2)If an inspector uses computer software or other means to produce an inspection report, the inspector must reproduce the text of the standard form verbatim and the spacing, borders and placement of text must be identical to the standard form.

  (3)An inspector may make the following changes to the standard form:

    (A)delete the line for name and license number, of the sponsoring inspector, if the inspection was performed solely by a professional inspector;

    (B)change the typeface; provided that it is no smaller than a 10 point font;

    (C)change the color of the typeface and checkboxes;

    (D)use legal sized (8-1/2" by 14") paper;

    (E)add a cover page to the report form;

    (F)add footers to each page of the report except the first page and may add headers to each page of the report;

    (G)place the property identification and page number at either the top or bottom of the page;

    (H)add subheadings under items, provided that the numbering of the standard items remains consistent with the standard form;

    (I)list other items in the corresponding appropriate section of the report form and additional captions, letters, and check boxes for those items;

    (J)delete inapplicable subsections of Section VI., Optional Systems, and re-letter any remaining subsections;

    (K)delete "Other" subsections of Section I. through Section VI.;

    (L)as the inspector deems necessary:

      (i)allocate such space for comments in:

        (I)the "Additional Information Provided by the Inspector" section; and

        (II)each section provided for comments for each inspected item;

      (ii)attach additional pages of comments; or

      (iii)both;

    (M)include a service agreement/inspection contract or contractual terms between the inspector and a client with the standard form under the "Additional Information Provided by the Inspector" section or as an attachment to the standard form;

    (N)attach additional pages to the form if:

      (i)it is necessary to report the inspection of a component, or system not contained in the standard form; or

      (ii)the space provided on the form is inadequate for a complete reporting of the Inspection;

    (O)attach additional reporting information produced by computer software so long as the standard report form is provided before that information; and

    (P)Remove the Commission's logo or substitute the inspector's logo in place of the Commission's logo.

  (4)The inspector shall renumber the pages of the standard form to correspond with any changes made necessary due to adjusting the space for comments or adding additional items and shall number all pages of the report, including any addenda.

  (5)The inspector shall indicate, by checking the appropriate boxes on the form, whether each item was inspected, not inspected, not present, or deficient and explain the findings in the corresponding section in the body of the report form.

  (6)This section does not apply to the following:

    (A)re-inspections of a property performed for the same client;

    (B)inspections performed for or required by a lender or governmental agency;

    (C)inspections for which federal or state law requires use of a different report;

    (D)quality control construction inspections of new homes performed for builders, including phased construction inspections, inspections performed solely to determine compliance with building codes, warranty or underwriting requirements, or inspections required by a municipality and the builder or other entity requires use of a different report, and the first page of the report contains a notice either in bold or underlined reading substantially similar to the following: "This report was prepared for a builder or other entity in accordance with the builder's requirements. The report is not intended as a substitute for an inspection of the property by an inspector of the buyer's choice. Standard inspections performed by a license holder and reported on Commission promulgated report forms may contain additional information a buyer should consider in making a decision to purchase." If a report form required for use by the builder or builder's employee does not contain the notice, the inspector may attach the notice to the first page of the report at the time the report is prepared by the inspector;

    (E)an inspection of a building or addition that is not substantially complete; or

    (F)inspections of a single system or component as outlined in clause (ii) of this subparagraph, provided that the first page of the report contains a notice either in bold or underlined reading substantially similar to the following: "This report was prepared for a buyer or seller in accordance with the client's requirements. The report addresses a single system or component and is not intended as a substitute for a complete standard inspection of the property. Standard inspections performed by a license holder and reported on a Commission promulgated report form may contain additional information a buyer should consider in making a decision to purchase."

      (i)If the client requires the use of a report form that does not contain the notice, the inspector may attach the notice to the first page of the report at the time the report is prepared by the inspector.

      (ii)An inspection is considered to be of a single system or component if the inspection only addresses one of the following or a portion thereof:

        (I)foundation;

        (II)framing/structure, as outlined in §535.213(e)(2) of this title;

        (III)building enclosure;

        (IV)roof system;

        (V)plumbing system;

        (VI)electrical system;

        (VII)HVAC system;

        (VIII)a single appliance; or

        (IX)a single optional system as stated in the Standards of Practice.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 23, 2021

TRD-202103314

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Effective date: February 1, 2022

Proposal publication date: May 21, 2021

For further information, please call: (512) 936-3284



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