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 11/23/2012
ACTION Proposed
Rule Withdrawn: 02/12/2013
Preamble Texas Admin Code Rule

The Texas Real Estate Commission adopts by reference Property Inspection Report Form REI 7-3 [REI 7A-1], approved by the Commission [in 2008, and Property Inspection Report Form REI 7-2, approved by the Commission in 2009,] for use in reporting inspection results. This document is [These documents are] published by and available from the Texas Real Estate 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 7-3 [Form REI 7A-1 or Form REI 7-2] adopted by the Commission ("the standard form").

  (2)(No change.)

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

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

    (B)[the inspector may] change the typeface ;[,] provided that they [fonts] are no smaller than a 10 point font [those used in the printed version of the standard form];

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

    (D)[(C)] [the inspector may] use legal sized (8-1/2" by 14") paper;

    (E)[(D)] [the inspector may] add a cover page to the report form;

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

    (G)[(F)] [the inspector may] place the property identification and page number at either the top or bottom of the page;

    (H)[(G)] [the inspector may] add subheadings under items, provided that the numbering of the standard items remains consistent with the standard form;

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

    (J)[(I)] [the inspector may] delete inapplicable subsections of Section VI., Optional Systems, and re-letter any remaining subsections;

    (K)[(J)] [the inspector may] delete Subsection L., Other, of Section I., Structural Systems; Subsection E., Other of Section IV, Plumbing System; and Subsection I., Other of Section V., Appliances;

    (L)[(K)] [the inspector may] allocate such space in the "Additional Information Provided by the Inspector" section and in each of the spaces provided for comments for each inspected item as the inspector deems necessary, [ or may] attach additional pages of comments to the report, or both; and

    (M)[(L)] attach additional pages to the form if:

      (i)it is necessary to report the inspection of a [part,] 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.[ , the inspector may attach additional pages to the form. When providing comments or additional pages to report on items listed on a form, the inspector shall arrange the comments or additional pages to follow the sequence of the items listed in the form adopted by the Commission.]

  (4)(No change.)

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

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

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

    (B)(No change.)

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

    (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 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;[ .]

     (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 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."

      (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 (relating to Approval of Courses in Real Estate Inspection);

        (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.

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 November 9, 2012

TRD-201205832

Kerri T. Galvin

Deputy General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: December 23, 2012

For further information, please call: (512) 936-3092



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