What’s this I’m hearing about a conflict between two Texas E&O providers? Is one really bad-mouthing and spreading falsehoods about the other’s policy coverage? Surely that can’t be true 
.
A recent Texas inspection lawsuit appeal ruling may help shield inspectors from lawsuits claiming Deceptive Trade Practices Act violations. Brokers & sales agents are already afforded that protection. View the ruling here.
TREC has posted the following on their website:
The Texas Real Estate Commission is seeking input from inspectors and the public on a recommendation to post a set of comments to the Standards of Practice for inspectors as one of several optional examination preparation resources listed on the inspector examination page of the TREC website. This set of comments is proposed to be added to that location and posted with the following notice: “These comments are not an official interpretation of the Standards of Practice and should not be relied on as such.”
Click 
here to view the document.
If that is the final destination and the Commentary does not become part of the SOP nor a separate enforceable Rule then I would support that idea.
OK, read the gist of the recent e-mail invitation that TAREI is sending out advertising their upcoming TREC mandated Ethics/SOP Continuing Education requirement for HI license renewals.
Join speakers such as J.D. Fuller, Billy Anderson, and Larry Battarbee as they present the required ethics training and how the ethics relate to our SOP’s. Billy Anderson, attorney with Kent, Good, Anderson, and Bush, will present the legal side of the ethics and SOP’s. Larry Battarbee will relate how the ethics and SOP’s relate to E&O insurance.
Lunch WILL be provided courtesy of Larry Battarbee with Battarbee Insurance.
INACHI & TPREIA announced a partnership last Friday that is reminiscent of last year’s bungled INACHI/TAREI alliance. So far the response from Texas inspectors has been something like this: Response
At the October 10, 2011 TREC meeting Adm Oldmixon requested approval from the commission to ask for the Attorney General’s opinion on a certain Inspector’s E&O scenario, i.e. what would happen if there were no providers of E&O for Texas inspectors. Click the Opinion Letter tab to read the proposed letter to the AG.
The first question posed to the AG is to whether E&O insurance would still be required even if no insurance company offered it in Texas. The answer to that will be Yes, that requirement is prescribed by legislation and can only be rescinded by further legislation. The simple fact of insurance providers theoretically not offering E&O will not likely change the law, that would have to be done separately. If the AG did not see fit to provide that opinion then most likely his office will state they cannot speculate on such theoretical scenarios. The answer to the second question of whether TREC has the authority to waive the requirement would, in my opinion, be a resounding No.
As of 10/13, I have not confirmed that the Commission approved of sending the letter to the AG, I’m working on that.
There’s a certain trade association message board that I’ve frequented for over 7 years. Historically, it has been a good place to pose questions and also answer other’s questions on technical HI topics. Not so much anymore though. Continue reading
Participated today on the Conf Call with the Sub-Committee working on changes to the TREC Inspection SOP. Appeared to be a reasonably productive call. Many changes being made to “clean up” the SOP and minimize several of the redundant comments throughout.
There is still the conundrum of the SOP saying we don’t inspect to “code” but still notes “code”. My view is that we have to be working from a basis of general fact/recognition and (to me) that is the related “code” … be it NEC, IRC and so on.
The “non-inspector” committee member made some very good observations and very succinctly pointed out some items that we (as inspectors) face daily. John C. will likely add value to that comment along with other views of the call.
There is plenty more work to do on the SOP and the next conf call is tentatively set for 10/25/11.
I listened in on the 1 hour 9/7 teleconference concerning the proposed SOP Commentary. I don’t plan to post any detailed notes of the meeting but will discuss some of my observations here:
I’ve attempted to keep my personal opinions out of this as much as possible and simply convey the facts. That’s sometimes hard to do. If you have specific questions please contact me by e-mail or telephone. Please, click the “Leave a Comment” below and share your thoughts.
(6) An inspector shall not accept employment to repair, replace, maintain or upgrade systems or components of property covered by the Standards of Practice under this Subchapter on which the inspector has performed an inspection under a real estate contract, lease, or exchange of real property within 12 months of the date of the inspection.
Will large multi-service firms like ABC be held to that same standard? Will they be allowed to refer a different division of the company to perform repairs? I have my concerns that they will but only time will tell.
ABC website header shows:
Loading ...
RSS Feed