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  1. #1
    Nolan Kienitz's Avatar
    Nolan Kienitz Guest

    Default New TREC SOP & Template posted for review

    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


    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.




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    Last edited by Nolan Kienitz; 11-26-2012 at 08:01 PM.
    Inspection Referral SOC

  2. #2
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: New TREC SOP & Template posted for review

    Quote Originally Posted by Nolan Kienitz View Post
    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


    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


  3. #3
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    Default Re: New TREC SOP & Template posted for review

    Thanks, that's interesting.


  4. #4
    Nolan Kienitz's Avatar
    Nolan Kienitz Guest

    Default Re: New TREC SOP & Template posted for review

    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.


  5. #5
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    Default Re: New TREC SOP & Template posted for review

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


  6. #6
    Garry Blankenship's Avatar
    Garry Blankenship Guest

    Default Re: New TREC SOP & Template posted for review

    Quote Originally Posted by Ted Menelly View Post
    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.


  7. #7
    Nolan Kienitz's Avatar
    Nolan Kienitz Guest

    Default Re: New TREC SOP & Template posted for review

    Quote Originally Posted by Lon Henderson View Post
    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


    .


  8. #8
    Nolan Kienitz's Avatar
    Nolan Kienitz Guest

    Default Re: New TREC SOP & Template posted for review

    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/formslaw...codes/Rule.asp


  9. #9
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    Default Re: New TREC SOP & Template posted for review

    Quote Originally Posted by Nolan Kienitz View Post
    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.
    For some reason, "taxation without representation" comes to my mind.


  10. #10
    Ted Menelly's Avatar
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    Default Re: New TREC SOP & Template posted for review

    Quote Originally Posted by Garry Blankenship View Post
    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.


  11. #11
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    Default Re: New TREC SOP & Template posted for review

    Quote Originally Posted by Ted Menelly View Post
    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.





  12. #12
    Mike Boyett's Avatar
    Mike Boyett Guest

    Default Re: New TREC SOP & Template posted for review

    Quote Originally Posted by Ted Menelly View Post
    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.


  13. #13
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: New TREC SOP & Template posted for review

    Quote Originally Posted by Mike Boyett View Post
    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"----------------


  14. #14
    Garry Blankenship's Avatar
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    Default Re: New TREC SOP & Template posted for review

    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"


  15. #15
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: New TREC SOP & Template posted for review

    Quote Originally Posted by Garry Blankenship View Post
    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"


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