Originally Posted by
Nolan Kienitz
Message below is what I received from Devon (TREC Legal) this morning. Helps clarify a tad.
If the "energy audit" inspection is being performed for someone other than a buyer or seller (someone who already owns the property and is not having the inspection performed in anticipation of selling), then it would not be within TREC's jurisdiction, and the standard form would not be required.
I think I heard that someplace before. 
Otherwise, and assuming the energy audit involves reporting on property conditions, then it would be within TREC's jurisdiction, and all of the usual statutes and agency rules apply.
We hope this information is helpful to you.
Devon V. Bijansky
Staff Attorney
Enforcement Division