Level nine:
fee to renew broker license?sales agent license?certificate of registration?
$70, $20, $20
TRELA was passed in?
1939
how long do the 9 members of the TREC serve for?
6 years
how many members are in the Texas Real Estate Commission?
9 members
Sec. 1101.058 is?
PER DIEM; REIMBURSEMENT.
sec 1101.157 is?
Subpoena Authority
TREC is a government agency created by the Texas Legislature to enforce?
TRELA
sec 1101.151 states?
The term general is the right word for this section of the law because it does not dive into the details of exactly how these duties will be accomplished, it just gives TREC the power to adopt and enforce rules in order to administer TRELA.
What categories of people are barred from serving on the commission?
Trade association employees and lobbyists are barred from membership.
Sec. 1101.056 is?
officers
Sec. 1101.055 is?
term vacancy
Sec. 1101-006 provides that?
the commission is subject to the Sunset Act (Chapter 325 of the Government Code).
3 of the 9 memebers have to be?
three members who represent the public.
TREC was created in?
1949
The Texas Legislature established the Texas Real Estate Commission (TREC) in?
1949
sec 1101.154 states?
For every renewal of a broker/salesperson license, or certificate registrant, a fee is collected in addition to the application or registration fee. This money goes towards the Texas Real Estate Research Center.
what does sec. 1101.054 states?
Not later than the 15th day after the date of appointment, each appointee must take the constitutional oath of office.
sec 1101.105 states?
One of the motivational factors in most career fields is the opportunity to move to a higher position/income. This is an important part of keeping morale high within an organization. This section explains the necessity of having some sort of career development program for employees. This section also mentions that annual performance reports will take place, which is typical of most workplaces.
The commission allows license holders to use alternatives to the promulgated contract forms in real estate transactions if the form is:
Prepared by the property owner themselves, or Prepared by an attorney and required by the property owner
sec 1101.201 is?
Public Interest Information
Sec. 1101.060 is?
QUASI-JUDICIAL IMMUNITY.
sec 1101.104 is?
Qualifications and Standards of Conduct Information
Which individuals do the TREC regulate?
Real estate inspectors 🔎 Easement/right-of-way agents 🛣 Education providers for real estate & inspection courses 📚 Developers of timeshares ⛱ Residential service companies 🏠 Real estate brokers and sales agents 🕵️
sec 1101.156 states?
The Commission does have rules about signage, truthfulness in advertising, and the broker's name being prominently displayed in ads and on websites, but they don't regulate where and how license holders do their marketing.
sec 1101.155 states?
The forms required for use by license holders are prepared by the Texas Real Estate Broker-Lawyer committee and adopted by the commission. These contract forms are referred to as promulgated or required for use by license holders.
Sec. 1101.056 states?
The governor designates a broker member of the commission to serve as a presiding officer. The presiding officer, the assistant presiding officer, and secretary make up the executive committee of the commission. The executive committee will deal with administrative matters that don't require a vote of all of the commission members. This committee will work closely with the real estate commission administrator as needed, to help the day-to-day operation run as smoothly as possible.
sec. 1101.103 is?
code of ethics standard of conduct
Sec. 1101.051 is?
commission membership
Who is responsible for informing employees of their conduct expectations and responsibilities?
commissioners
sec 1101.203 is?
complaint information
sec 1101.202 is?
complaints
sec. 1101.102 is?
division of responsibilities
sec. 1101.061 is?
educational presentations
TREC's main purpose is to?
enforce the Texas Real Estate License Act (TRELA), meaning they oversee educational and licensing programs that maintain standards AND interpret legislation that affects the real estate profession. We will be looking at parts of this act shortly.
sec 1101.202 states?
establishes methods by which consumers are provided the name, mailing address, and telephone number of the commission for the purpose of directing complaints from the public. Such notice is provided in the Consumer Protection Notice TREC No. CN 1-2. This is required to be prominently displayed in each place of business. This form can be obtained from TREC'S website.
sec 1101.157 states?
grants the commission subpoena authority to subpoena witnesses (order them to come to court) for examination under oath, documents, or other evidence relevant to an investigation of a violation of this chapter.
Sec. 1101.057 is?
grounds for removal
sec. 1101.060 states?
it's possible that a commission member could be named in a lawsuit as a result of their actions while performing their duties. In this case, immunity is provided to them while they are functioning as a commission member. Notice, however, that the immunity only is in place as long as the member is in compliance with the law.
sec 1101.155 is?
rules relating to contract forms
sec 1101.201 sattes?
says the commission should prepare information that explains the functions of the commission and that information should be made available to the public and appropriate state agencies.
6 of the 9 memebers have to be?
six members who have been engaged in the brokerage business as licensed brokers as their major occupation for the five years preceding appointment; and
Promulgated contracts are prepared by:
the Texas Real Estate Broker-Lawyer committee
Who designates a broker member of the commission to serve as a presiding officer?
the governor
sec. 1101.059 is?
training
sec 1101.159 is?
use of techonology
Sec. 1101.004 depicts?
what constitutes as engaging in real estate brokerage. If a license holder, with expectation of receiving valuable consideration, directly or indirectly performs or offers, attempts, or agrees to perform for another person any act described by Section 1101.002(1), they are engaging in real estate brokerage.
Sec. 1101-005 identifies?
who is exempt from compliance with the license act and does not need a license to perform the acts or practice of real estate.
Texas Real Estate Commission (TREC):
A group of nine people appointed by the governor and confirmed by the state senate that are to set policy and rules from the real estate license act
Texas Real Estate License Act (TRELA):
A law that governs the licensing, education, and activities of real estate license holders practicing brokerage in this state
sec. 1101.101 is?
Executive Director and Other Personnel:
In order to enforce the TRELA , Tx legislature created?
Texas real estate commision
sec 1101.105 is?
Career Development Program; Performance Evaluations
sec 1101.152 is?
Fees
TRELA is a law passed by?
Texas Legislature
A person is not eligible for appointment as a public member of the commission if the person or the person's spouse?
(1) is registered, certified, or licensed by an occupational regulatory agency in the real estate industry; (2) is employed by or participates in the management of a business entity or other organization regulated by the commission or receiving funds from the commission; (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving funds from the commission; or (4) uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
sec. 1101.058 states?
(a) A commission member is entitled to receive: (1) $75 for each day the member performs the member's official duties; and (2) reimbursement for actual and necessary expenses incurred in performing the member's official duties.
sec. 1101.059 states?
(a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section. (b) The training program must provide the person with information regarding: (1) this chapter and other laws regulated by the commission; (2) the programs, functions, rules, and budget of the commission; (3) the results of the most recent formal audit of the commission; (4) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and (5) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
what does Sec. 1101.055 state?
(a) Commission members serve staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year. (b) If a vacancy occurs during a member's term, the governor shall appoint a person to fill the unexpired term.
sec. 1101.057 states?
(a) It is a ground for removal from the commission that a member: 1. doesnt have the proper requirements at time of appointment 2. doesnt maintain service on the commission 3. is ineligible under sec. 1101.051 (a) or sec. 1101.052 (b) 4. cannot carry out duties for a rpolonged period of time
sec 1101.158 states?
(a) The commission may appoint advisory committees to perform the advisory functions assigned to the committees by the commission. An advisory committee under this section is subject to Section 2110, Government Code. (b) A member of an advisory committee who is not a member of the commission may not receive compensation for service on the committee. The member may receive reimbursement for actual and necessary expenses incurred in performing committee functions (c) A member of an advisory committee serves at the will of the commission. (d) An advisory committee may hold a meeting by telephone conference call or other video or broadcast technology. (e) Advisory committee meetings are subject to Chapter 551, Government Code. There are topics and concerns that the nine commissioners don't have time to research and the TREC staff is not qualified to perform. Because of this, an advisory committee made up of real estate license holders and instructors is created to assist with the development of identifying a situation that needs to be addressed.
the state legislature has stated that there are two things that have to be included in all listing contracts. what are they? (sec 1101.155)
1. The first one is a line indicating that all commissions are negotiable. 2. The second one is to inform sellers about the special rules concerning anyone who lives along the coast.
Attorney:
A person who is licensed to give legal advice
Sales agent:
A person who is licensed to practice real estate and is sponsored by a real estate broker
sec 1101.154 is?
Additional Fee: Texas Real Estate Research Center
what is the TREC committee purpose?
Adopt and enforce rules for governing Texas real estate practitioners
The 11 Core Real Estate Courses are:
Agency Law Contract Law Principles of Real Estate Property Management Real Estate Appraisal Real Estate Brokerage Real Estate Finance Real Estate Investment Real Estate Law Real Estate Marketing Real Estate Math
What law imposes a code of ethics and standard of conduct on members of the commission?
Chapter 572
Promulgated Contracts:
Contracts prepared and authorized by the Texas Real Estate Commission that must be used by real estate license holders. There are a few exceptions to this rule.
sec 1101.106 is?
Equal Employment Opportunity Policy; Report
sec 1101.103 states?
Each member, officer, employee, and agent of the commission is subject to the code of ethics and standards of conduct imposed by Chapter 572, Government Code
sec 1101.151 is?
General Powers and Duties of Commission
sec 1101.161 is?
Gifts, Grants, and Donations
real estate center?
Located at Texas A&M University to provide the results of research and education to license holders
Sec. 1101.053. is?
MEMBERSHIP AND EMPLOYEE RESTRICTIONS: states that employees of a trade association and their spouses cannot be a member of the commission or be employed by the commission. In addition, lobbyists cannot serve as a member of the commission or as general counsel of the commission.
sec 1101.160 is?
Negotiated Rule-making and Alternative Dispute Resolution Procedures
sec 1101.156 is?
Rules Restricting Advertising or Competitive Bidding
Broker:
Someone who assists in buying and selling to receive a commission
the TRELA was passed by the Texas legislature to govern?
Texas real estate agents
Who enforces the Texas Real Estate License Act?
TREC
the TREC is a gov agency created by?
Texas legislature
The Texas real estate license act is chapter 1101 of?
Texas occupations code
Sunset act?
The Sunset Act is a common state law, which, in Texas, requires the Sunset Commission to evaluate all state agencies every 12 years with respect to their efficiency and the need for their continued services.
How does the Real Estate License Act require brokers to provide consumers with information for the purpose of filing complaints?
The broker must display Consumer Protection Notice TREC No. CN 1-2 in each place of business.
sec 1101.152 states?
The commission shall adopt rules to charge and collect fees in amounts reasonable and necessary to cover the costs of administering these chapters
sec. 1101.102 states?
The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.
sec 1101.159 states?
The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.
sec 1101.104 states?
The employees will receive guidance directly from the commissioners. This means that the workers understand the qualifications as well as the responsibilities of conduct that they are to follow.
sec. 1101.101 states?
This portion of the law gives the executive director the opportunity to hire support staff as needed to get the job done in an effective way. The members of the commission decide what the salary will be for the employees. There are a number of departments that can help both the public and the real estate license holders.
sec 1101.161 states?
This section is pretty simple. It says that giving gifts to the commission is possible and okay. Good, because who doesn't love a gift?
sec 1101.160 states?
This section says that TREC shall implement policies and procedures to resolve internal and external conflicts that are under their jurisdiction. They will also hire someone to coordinate the implementation of the policy and train others on it.
sec. 1101.061 states?
When a member of the commission or employees of the commission speak, continuing education credits might be available to those who attend the meeting. If a member of the commission or employee speaks on behalf of the commission, they cannot be compensated except for travel costs.
sec 1101.106 states?
While this section does not deal with real estate office employees, it outlines how TREC goes about ensuring that they implement equal opportunity in their hiring practices.
sec 1101.158 is?
advisory comittees
Subpoena authority exists to:
allow the commission to bring witnesses to court
How often will you be formally evaluated in the workplace?
annually
The Texas Real Estate Commission consists of?
nine members appointed by the governor with the advice and consent of the senate
Sec. 1101.054. is?
official oath
TREC purpose?
oversee the licensing, education requirements, and ethical standards of practice for real estate sales professionals and real estate inspectors within the State of Texas. TREC has the authority to adopt and enforce rules for governing real estate practitioners.
Sec. 1101.052. is?
public member eligibility
Sec. 1101-003 describes the?
qualifying real estate course material and topics. It also provides that the commission may prescribe additional core real estate course(s) title and content.
