The [Texas Real Estate] Commission adopts by reference Property Inspection Report Form REI 7-4, approved by the Commission for use in reporting inspections results. This document is 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) - (5)(No change.) (6)This section does not apply to the following: (A) - (C)(No change.) (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 [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)(No change.) (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 [Texas Real Estate Commission licensee] and reported on a [Texas Real Estate] Commission promulgated report form may contain additional information a buyer should consider in making a decision to purchase." (i)(No change.) (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)(No change.) (II)framing/structure, as outlined in §535.213(e)(2) of this title [(relating to Approval of Courses in Real Estate Inspection)]; (III) - (IX)(No change.)
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal
authority to adopt.
Filed
with the Office of the Secretary of State on August 25, 2014
TRD-201404060 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 5, 2014
For further information, please call: (512) 936-3092
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