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one-year or eleven month warranty inspection

Paul Roebuck, Randy Ryden  | Published on 9/17/2018
Questions are:
When performing a one-year or eleven month warranty inspection, do we have to follow the TREC SoP’s? Do we have to use the TREC report format?

 SoP Rule(s):
Under rule 535.227 of the Commission’s rules, the standards of practice apply when a professional inspector or real estate inspector who is licensed under 1102 accepts employment to perform a real estate inspection for a prospective buy or seller of real property.   Additionally, under 1102.001(8) and (10) of the Inspector Act, it defines what a professional inspector and real estate inspector are as a person who represents to the public that the person is trained and qualified to perform a real estate inspection for a buyer or seller of real property. 


Summary:
The factual situation you set out there is not a buyer or seller as the real estate transaction has already occurred 11 months prior.  Therefore, the Commission would not have jurisdiction over an inspector who performs this type of inspection and procedurally TREC staff would inform the complainant we did not 
have jurisdiction over this matter and we would not be opening it for investigation.  Additionally, if an inspector did this type of inspection it would be up to the inspector, if they wanted to use the TREC SOP’s or even the inspection report form.  Please let me know if you have any questions.


 

Michael Molloy
Staff Attorney
Texas Real Estate Commission
512-936-3005 (Phone)
512-936-3809 (Facsimile)