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. 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
As part of the energy audit you make comments on the windows, HVAC, insulation, etc. Am I missing something - that sounds like I'm making a comment on the condition of the property and therefore requires the use to the TREC report. I'm not trying to be difficult, I'm just trying to get the reporting requirements right. On one hand if the energy audit is for a seller or buyer as part of the real estate transaction I understand the use of the TREC form.
Where there is a conflict is for those other tranactions that are not part of the sell of real estate and TREC legal provides the following response - "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"
It still sounds like to me that if a condition of a system is reported in any type of transaction, either for a seller or buyer or for a homeowner who has no intention of selling his home we are still required to provide the TREC report and the energy audit as part of the TREC report.
Maybe it's the interpertation of the word 'is'!