Thread: TREC requires sponsoring again

Just got an e-mail from someone wanting to be sponsored so they can get their license. They completed the 448 hour education only method, then TREC passed a new law on an emergency basis- HB 1530. Effective September 1st 2007 an applicant has to have 448 hours PLUS 7 year's construction experience for each system inspected. This effectively wipes out the fast track program, forcing most if not all to be sponsored. How many people have 7 year's experience in every system of a home? I'm considering sponsoring the lad. Any advice on pros and cons of sponsoring (i.e. liability risks) , plus what I should ask for as reasonable compensation for my time?

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Eric,

That person is on the ball. He has obviously spent so much money trying to get into this business, that is impossilbe to turn back now (or his wife will whoop his ass if he does!).

This new legislation will effectively dry-up the HI producing schools out there unless they have someone ready to sponsor them first.

I just read thru the General Provision Rules adopted on August 6th, 2007 and it seems that someone just made this the toughest state in the USA to become licensed.

WOW!! Not many will be able to start-up without a sponsor-- that includes Architects and Engineers with less than 5 years experience in their profession.

Here it is:
http://www.trec.state.tx.us/pdf/rule...-.216_.224.pdf

rr

Wow is right!
How did that slip by?
Of course the schools might create a loop hole if they can include actual inspections somehow.
This is a big change and will be a much bigger hurdle than E & O for newbies.
The apprentice track was all that was available back in the dark ages when I first started and it was tough getting someone to sponsor you.

Of course, there is still a ready supply of guys out there that already have their license and have left the profession. They would be able to come back if there became a shortage of active inspectors as long as they had their license on inactive status.

Eric, on the "how to" subject, you may want to talk to your insurance
carrier if you have E & O as well as liability.

I would think the apprentice would need to be listed on your policies.

In any case, you can bet you will be liable for anything your guy does,
so protect yourself.

I am thinking if I did sponsor someone, I would make him an employee,
so to speak, and I would be supervising everything he did, reports
included, until he passed the test and got out on his own.

Of course, you know you will be training your competition; which is
why back in the old days, it was tough to find a sponsor. I wound up
driving 200 miles round trip for each of the first 25 inspections.

I think back in 1995, I paid $25 for each of the second tier inspections
that my sponsor reviewed... seems like that was 175 inspections.

I wonder if some of these guys will challenge this in court?

I am not familiar with the process, but it sounds like TREC has made rules
to implement the new laws, not necessarily that the legislature changed
the law.

I've received letters (sent via bro_dcast e-mail to many inspectors) from two schools asking if anyone will be interested in sponsoring current students or those about to complete hours.

I have no clue how many responded with a yes/no to the question.

It sounded as if they may be scrambling to some degree.

RE: Texas Legislature ... TREC ?

I've been told or read (or something ... assuming I remember correctly) where TREC only puts into motion the rules that the legislature approves.

RE: E&O

If an inspector lets his license go "inactive" and at some point in the future wants to "re-activate" will he/she have to prove continuing E&O coverage during that time frame of "inactivity"? Continuing Education credits must still be maintained during the "inactive" time ... wonder if continuing E&O coverage will be required? Hummm ?? !!

Further on above RE: E&O ...

535.211 (b) indicates coverage required when license is "active".

But (now talk about parsing a statement) if the license goes "inactive" and then the inspector wants to "re-activate" or "renew" ... look at what 535.211 (e) states: (e) An inspector must retain sufficient records of professional liability ins_rance coverage to document to the commission continuous coverage for the preceding two year license period.

I know, I know ... I'm reading between lines here.

I think I'll plan on a Shiner Bock before too long this afternoon!

Nolan:

You can drink those things until your Bock shines, it still won't help make heads or tails of anything that issues forth from TREC.

I quit trying and just wait until it falls from on high - and then I duck. In the meantime I think I'll be joining you in a toast about 5:30 when the ink is dry on the last one of the day.

Prost!

Aaron

Nolan, I am going to try to apply common sense here, but I know that common sense and government regulations aren't typically used in the same sentence.

Common sense would dictate that you would only be required to carry E&O when you are active.
But I would hate to be the test case!
I wonder what would happen if you could not prove past coverage?
Would that mean you could never be licensed again???
Might be important to keep accurate records and pay your premium on time.
Maybe a time for "tail coverage" pun noted.
Jim

Jim,

Agreed. The mind wanders and there I go with the "what ifs".

As Aaron noted there just is not any way of making any logical sense out of most of it.

I am just keeping my nose to the grindstone and what I hope is the correct path for proper protection and to provide a better product for my clients each and every time.

I just found this from TREC:

More on the New "Fast Track" Inspector Licensing Requirements
(item added 9/20/2007)
HB 1530 in part changed "fast track" inspector licensing requirements. In addition to requiring a "fast track" applicant to pass an examination and complete 128 hours of core education, the new law requires relevant experience not to exceed 7 years and additional coursework not to exceed 320 hours in order to get a professional inspector license without going through the three tiers of licensure.
Prior to the change, the law required either additional education or experience, but not both. In order to implement the new laws, TREC passed on an emergency basis a rule requiring the maximum experience and education allowed by the law.
Given the feedback in recent weeks from persons entering the business and education providers, TREC staff intends to recommend that the Commission modify the emergency rule to possibly require fewer education hours and/or fewer years of experience, depending on the credentials of the applicant. At the same time, the Commission will begin the usual rulemaking process to make the rule permanent. The meeting will be held on October 8, 2007.

I thought this might be interesting.
Also, I noted on the same page, the brokers and sales persons have to have fingerprinting done, but not inspectors. Think maybe that was a Freudian slip, acknowledging who the real crooks might be?

Once TREC starts realizing that the fees for the licenses are not coming in so any more because that fewer people have the education or can qualify, they'll loose up the requirements again.

The Home Inspection kennels are feeling the pressure so now their whining about it.

Its really all about the almighty buck in my opinion.

Idiots with power.

Originally Posted by Rick Hurst

.... The Home Inspection kennels are feeling the pressure so now their whining about it ....

Very true. I've heard/seen a lot recently about the 'lobbying' effort underway to try and have TREC "re-visit" the rulings.

There is a TREC meeting on Monday (10/08/2007). There may be a large contingent of inspectors and other 'interested' parties at the meeting to be able to offer input.

Will be interesting to see/hear what transpires at that session.

See link for NEW, 10/09/07, license requirments.

http://www.trec.state.tx.us/pdf/rules/535.212.pdf

The schools are now back in buisness churning out new hope for fame and riches inspecting real property in Texas.

Francis,

It doesn't really matter how many they crank out because most of them are out of business in the first year anyway.

Many who do get a license don't have a clue how to even get started up and with the real estate market like it is right now, they are dropping out like flies.

I had a lady call me yesterday, (she was a marketer) who said nearly all the numbers she had for inspectors was not working or had been disconnected.

Anyone who has been involved with the RE world for any period of time knows that we go through a "cleansing" time every several years or so. It weeds out the weak.

JMHO

rick