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Texas Register Preamble


The Texas Real Estate Commission (TREC) adopts amendments to §535.223, Standard Inspection Report Form, in Subchapter R of Chapter 535, General Provisions, without changes to the text, as published in the November 25, 2022, issue of the Texas Register (47 TexReg 7852) and won't be republished.

The amendments to §535.223 clarify that when multiple boxes are checked for a particular item on the report form, the inspector must also explain the reason for checking multiple boxes. The amendments also remove single-system inspections from the list of exemptions--meaning the requirements in §535.223 would apply to those inspections.

The Commission received 13 comments. The Texas Real Estate Inspector Committee met on January 17, 2023, and addressed these comments. Nine comments discussed the change when multiple boxes are checked. Of those, three commenters felt that additional explanations were beneficial to consumers, with one specifically mentioning that this change would conform with current business practice and another commenting on a practice of referring out further inspections. One commenter asked for further guidance on how to comply with this change and questioned the current report form format. The Commission will provide an instruction sheet to provide further guidance that will be released on the website in conjunction with the adoption of this change. Another commenter felt the change was burdensome. One commenter believed the change was unnecessary.

Eight comments discussed the removal of single-system inspections from the list of exemptions. Two commenters felt the change could lead to confusion, with one commenter opining that there may be liability concerns if using the report form in this way. One commenter felt the change was unnecessary. One commenter felt the change was burdensome and inquired about the use of the report form for re-inspections if this change is adopted.

Three commenters generally discussed both changes. One commenter generally felt the changes were unnecessary, while another commenter generally felt the changes were necessary. One commenter generally cited concern about consumer cost and use of attorneys.

In response to these comments, the Inspector Committee declined to make changes at this time, stating that the changes are necessary and that many of the opposing comments stemmed from a misunderstanding of the requirements. The Inspector Committee voted to recommend the adoption of these amendments.

The amendments are adopted under Texas Occupations Code §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102.



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