New TREC SOP & Template posted for review

[Nolan Kienitz]

The SOP Sub-Committee has completed their work after two years.

The TREC Commissioners have given initial approval and the new SOP and 7-3 Report Template and related rules have been posted at the Texas Register as of 11/23/12.

This is the public posting of the SOP, Rules & Report Template. Once the posting time has passed and the comments reviewed and changes made the SOP and template will become effective.

According to documents in the public posting the earliest possible adoption date is: 12/23/12.


The link to the State of Texas - Texas Register is below. It is not the easiest reading.

http://www.sos.state.tx.us/texreg/sos/PROPOSED/22.EXAMINING%20BOARDS.html#200
(http://www.sos.state.tx.us/texreg/sos/PROPOSED/22.EXAMINING%20BOARDS.html#200)

I've also attached the PDF files of the proposed SOP, 7-3 Report Template and the Report Template Rules. They are a bit easier to read through.

[Ted Menelly]

The SOP Sub-Committee has completed their work after two years.

The TREC Commissioners have given initial approval and the new SOP and 7-3 Report Template and related rules have been posted at the Texas Register as of 11/23/12.

This is the public posting of the SOP, Rules & Report Template. Once the posting time has passed and the comments reviewed and changes made the SOP and template will become effective.

According to documents in the public posting the earliest possible adoption date is: 12/13/12.


The link to the State of Texas - Texas Register is below. It is not the easiest reading.

http://www.sos.state.tx.us/texreg/sos/PROPOSED/22.EXAMINING%20BOARDS.html#200
(http://www.sos.state.tx.us/texreg/sos/PROPOSED/22.EXAMINING%20BOARDS.html#200)

I've also attached the PDF files of the proposed SOP, 7-3 Report Template and the Report Template Rules. They are a bit easier to read through.




I think this is the greatest item in the preamble of the report

THIS PROPERTY INSPECTION IS NOT A TECHNICALLY EXHAUSTIVE INSPECTION OF THE STRUCTURE, SYSTEMS OR COMPONENTS. The inspection may not reveal all deficiencies. A real estate inspection helps to reduce some of the risk involved in purchasing a home, but it cannot eliminate these risks, nor can the inspection anticipate future events or changes in performance due to changes in use or occupancy. It is recommended that you obtain as much information as is available about this property, including any seller’s disclosures, previous inspection reports, engineering reports, building/remodeling permits, and reports performed for or by relocation companies, municipal inspection departments, lenders, insurers, and appraisers. You should also attempt to determine whether repairs, renovation, remodeling, additions, or other such activities have taken place at this property. It is not the inspector’s responsibility to confirm that information obtained from these sources is complete or accurate or that this inspection is consistent with the opinions expressed in previous or future reports

[Lon Henderson]

Thanks, that's interesting.

[Nolan Kienitz]

UPDATE:

The 12/23/12 date is due to the 30-day Texas Register posting of the proposal. The posting used to be 60-days.


The TREC Commission will review input/comments at their 02/11/13 meeting and could provide an approval at that time.


Assuming the Commission provides final approval the "in effect date" would likely be March-2013.

[Lon Henderson]

Is it true that the Tex board governing inspectors is made up entirely of real estate agents?

[Garry Blankenship]

I think this is the greatest item in the preamble of the report

THIS PROPERTY INSPECTION IS NOT A TECHNICALLY EXHAUSTIVE INSPECTION OF THE STRUCTURE, SYSTEMS OR COMPONENTS. The inspection may not reveal all deficiencies. A real estate inspection helps to reduce some of the risk involved in purchasing a home, but it cannot eliminate these risks, nor can the inspection anticipate future events or changes in performance due to changes in use or occupancy. It is recommended that you obtain as much information as is available about this property, including any seller’s disclosures, previous inspection reports, engineering reports, building/remodeling permits, and reports performed for or by relocation companies, municipal inspection departments, lenders, insurers, and appraisers. You should also attempt to determine whether repairs, renovation, remodeling, additions, or other such activities have taken place at this property. It is not the inspector’s responsibility to confirm that information obtained from these sources is complete or accurate or that this inspection is consistent with the opinions expressed in previous or future reports

I give that a "like" as well. I'm no law smith, but that seems to be a well crafted inspection disclaimer.

[Nolan Kienitz]

Is it true that the Tex board governing inspectors is made up entirely of real estate agents?

There are NO technical/inspection type people on the TREC Commission.

Here is a link to the TREC website to an image page of all the TREC Commissioners.

TREC - Texas Real Estate Commissioners (http://www.trec.texas.gov/agencyinfo/commissioners.asp)


.

[Nolan Kienitz]

Below is a link to the TREC website that has PDF links for the proposed SOP, Template Rules, 7-3 Template, Repeal of the old SOP and old templates.

There is also an e-mail on this page where one can submit comments on the proposed SOP and template.


http://www.trec.state.tx.us/formslawscontracts/rules_codes/Rule.asp (http://www.trec.state.tx.us/formslawscontracts/rules_codes/Rule.asp)

[Lon Henderson]

There are NO technical/inspection type people on the TREC Commission.

Here is a link to the TREC website to an image page of all the TREC Commissioners.

TREC - Texas Real Estate Commissioners (http://www.trec.texas.gov/agencyinfo/commissioners.asp).
For some reason, "taxation without representation" comes to my mind.

[Ted Menelly]

I give that a "like" as well. I'm no law smith, but that seems to be a well crafted inspection disclaimer.

You know what I love about that paragraph?

It is the state licensing board that wrote it and it is put to the public instead of me going to get a lawyer to figure out what the best wat to write it is. There is a simple and clear message their. I read it as "get a grip folks. Inspectors are their for a limited time trying to find what 100 other people may have screwed up. Including every tradesman it takes to build the structure. A few hours and they will do a damned good job but don't expect miracles.

After all they are there to "REDUCE" your financial risk and no way can they eliminate it.

Cannot get anymore direct than that.

[Lon Henderson]

You know what I love about that paragraph?

It is the state licensing board that wrote it and it is put to the public instead of me going to get a lawyer to figure out what the best wat to write it is. There is a simple and clear message their. I read it as "get a grip folks. Inspectors are their for a limited time trying to find what 100 other people may have screwed up. Including every tradesman it takes to build the structure. A few hours and they will do a damned good job but don't expect miracles.

After all they are there to "REDUCE" your financial risk and no way can they eliminate it.

Cannot get anymore direct than that.
I agree. My contract has included the below clause for several years;










This inspection is, and can only be, a “snapshot” of the condition of the property today and how well components functioned during this inspection. Some items require more use and/or observation than possible during this inspection to reveal defects.


But I spent some time yesterday modifying my contract to include some of that language from the Texas contract.
In my pre-inspection speech to clients, I tell them that I don't tear holes in walls or move furniture and more eyes the better. Anything they see, point it out. We can only do so much in the short time that we are here.

[Mike Boyett]

You know what I love about that paragraph?
It is the state licensing board that wrote it and it is put to the public instead of me going to get a lawyer to figure out what the best wat to write it is.Just a quick point of clarification, remember that the entire preamble, including that paragraph, was actually drafted and proposed to TREC & the IAC by a San Antonio inspector in 2008 or so when the REI 7A-1 report form was being written and adopted. Just goes to show the power and influence that public and inspector opinion can have in the TREC Rules revisions process if inspectors take the time to participate.

[Ted Menelly]

Just a quick point of clarification, remember that the entire preamble, including that paragraph, was actually drafted and proposed to TREC & the IAC by a San Antonio inspector in 2008 or so when the REI 7A-1 report form was being written and adopted. Just goes to show the power and influence that public and inspector opinion can have in the TREC Rules revisions process if inspectors take the time to participate.

That is interesting to know. I have been writing and telling my clients for decades pretty close to those same words. I highlight in capital letters

"REDUCE" Even when Texas added that I was writing "I am here to REDUCE and impossible to eliminate"----------------

[Garry Blankenship]

Cannot say I reviewed all that info., but based upon it's volume and Texas inspector posting here I am beginning to understand a statement shared w/ me years ago - - - "There's federal law, there's State law and there's Texas" :)

[Ted Menelly]

Cannot say I reviewed all that info., but based upon it's volume and Texas inspector posting here I am beginning to understand a statement shared w/ me years ago - - - "There's federal law, there's State law and there's Texas" :)


Also "Texas does not reciprocate"