(a) - (d)(No change.) (e)This section does not apply to [the following:] [(1)]inspections performed for a lender or for a person other than the prospective buyer or prospective seller. [;] (f)[(2)] This section does not apply to quality control construction inspections of new homes, 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 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 builder's employee 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 Texas Real Estate Commission licensee and reported on Texas Real Estate 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. If the inspector attaches the notice, the inspector is not required to use a form adopted by the commission to report the inspection. [;] (g)This section does not apply to the following: (1)[(3)] inspections of remodeling or re-inspections; (2)[(4)] inspections for which federal or state law requires use of a different report; or (3)[(5)] inspections for which a relocation company or a seller's employer requires use of a different report, and the first page of the report contains a notice either in bold or underlined print reading substantially similar to the following: "This report was prepared for a relocation company or seller's employer in accordance with the company'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 inspection reports required by the Texas Real Estate Commission may contain additional information a buyer should consider in making a decision to purchase." If the report form required by the relocation company or seller's employer 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. If the inspector attaches the notice, the inspector is not required to use a form adopted by the commission to report the inspection. [(f)](h) Failure to comply with this section is grounds for the suspension or revocation of an inspector's license or the imposition of an administrative penalty by the commission.
This agency hereby certifies that the
proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 13, 2004
TRD-200401074 Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 465-3900
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