Proposed Texas Standards

[John Cahill]

This is the proposed Standard and standard form that is going before the TREC inspector committee next month. I had no part in this.

[John Cahill]

Sorry. Files too big to upload. Go to www.prismrca.com and download at upper right of home page.

[rcooke]

Proposed Form is not readable .
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[Michael R. Boyett]

John, all I get is gibberish when I try to download the files from your website. If you like, send me the files, I think I know a way to post them here.

[John Cahill]

Originally Posted by mboyett

John, all I get is gibberish when I try to download the files from your website. If you like, send me the files, I think I know a way to post them here.

I sent them to you Mike. I also reposted on my site with a .doc extension. Should work now.

[John Cahill]

Originally Posted by mboyett

John, all I get is gibberish

Then you got the right files . . . . . .

[Michael R. Boyett]

Yep..that fixed it, thanks! I also got your e-mail with the files as well.

[John Onofrey]

Is it this verbiage that sticks in your craw?

This property inspection report may include a pre-inspection agreement (contract), addenda, and other information related to property conditions. If any item or comment is unclear, you should ask the inspector to clarify the findings. It is important that you carefully read ALL of this information.

This inspection is subject to the rules (“Rules”) of the Texas Real Estate Commission (“TREC”), which can be found at www.trec.state.tx.us.

The TREC Standards of Practice (Sections 535.227-535.231 of the Rules) are the minimum standards for inspections by TREC-licensed inspectors. Inspectors are permitted, at their discretion, to exceed these minimum standards. An inspection covers only those components and conditions that are present, visible, and accessible at the time of the inspection. The inspector is not required to move furnishings or stored items. The inspection report may address issues that are code-based or may refer to a particular code; however, this is NOT a code compliance inspection and does NOT verify compliance with manufacturer’s installation instructions. The inspection does NOT imply insurability of the structure or its components. The inspection report may contain references to certain safety concerns. However, this inspection is NOT a safety inspection, and the inspector is NOT required to identify potential hazards unless specifically required by the Rules.

In this report, the inspector will note which systems and components were inspected (I), not inspected (NI), not present (NP), and/or had deficiencies (D). Deficiencies include the following: broken/missing parts or entire components, improper installation, not functioning properly, functional obsolescence, and certain safety-related conditions. Comments may be provided by the inspector whether or not an item is deemed deficient.

For buyers:
This property inspection is not a totally exhaustive inspection of the structure, systems, or individual components. If an item is not identified in this report as having been inspected, it was probably not inspected. The inspection may not reveal all problems or 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. To reduce these risks further, it is recommended that you obtain as much history as is available about this property, including any seller’s disclosures, previous inspection and/or engineering reports, building/remodeling permits, and reports performed for or by relocation companies, municipal

[Michael R. Boyett]

You can get the files from John Cahill's site or:

TREC_SOP proposal.zip

Committee Work TREC Form 1-12-07.pdf

Then you got the right files . . . . . .

Took me a minute but I get it now...

[John Cahill]

Originally Posted by jonofrey

Is it this verbiage that sticks in your craw?

There are so many errors I will not detail them at this time. I will comment on the Standard form preamble you ask about.

In my opinion,

It may have a direct conflict with the SoP and there is no reason to duplicate text that exists in the SoP Scope. I know key members of the inspector committee oppose the mandatory E&O law. I believe this is their way of trying to put up some type of defense against expected claims. I wonder if underwriters will sell insurance in Texas.

[John Cahill]

Will repost comments after typos fixed

[Michael R. Boyett]

One thing I notice is that the proposed SOP clearly states that it is for 1-4 family residences only:

b) Scope

1) These Standards of Practice define the minimum levels of inspection required for substantially completed residential improvements to real property up to four dwelling units that does not involve the use of specialized tools and procedures.

That is a change from the prior SOP in that TREC staff has said they pertain to all inspections of real property, which would include even commercial inspections. If the proposed SOP is adopted then that will no longer be the case and Texas will have no commercial SOP at all. That will allow use of the iNACHI commerical SOP if so desired though I suppose. ( http://www.nachi.org/comsop.htm )

I do like the fact that an opinion on foundation performance has been eliminated.

[Barry Adair]

Proof we're supposed to do the realtor's job also. When do our fees go up?

A deficient system does not automatically obligate the seller to make repairs or take other action, nor is the purchaser required to request that the seller take any action.

[John Cahill]

Originally Posted by mboyett

One thing I notice is that the proposed SOP clearly states that it is for 1-4 family residences only.

Yes you do not have to use it for commercial

Originally Posted by mboyett

I do like the fact that an opinion on foundation performance has been eliminated.

The original proposal was "report when the foundation needs leveling". That was problematic.

I think the new wording is WORSE than rendering a foundation performance opinion.

"Report foundations in need of remedial work or further evaluation if applicable." If you do not refer to an engineer or make a repair recomendation on every home with a history of distress you are going to get sued. Its just a case on the expert against you and the insurnace company. Now imagine that one of the experts (or both) are the guys you ate a steak with a few weeks ago. That scares me!

One member continues to think inspectors should prescribe foundation repair. He simply beleives inspectors should determine if repair is needed and that is a tough thing to do on one visit to the home. In this case he inserts a passive referral clause. It conflicts with Scope however.

Scope: Inspector is not required to recommend or provide engineering, architectural, appraisal, mitigation, physical surveying, realty or other specialist services.

You need to oppose "Report foundations in need of remedial work or further evaluation if applicable." by demanding foundation tolerance criteria.

Someone once said "All you have to do is render an opinion . . . . it does not have to be right". True perhaps but expensive to defend.




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[Michael R. Boyett]

Originally Posted by jcahill

Actually TRECs last interpretation (6 months ago) said you did not have to use the SoP for commercial but you did have to use the form.

That sure seems to be the opposite of the FAQ on the TREC website. I also have that specific question into you know who at TREC Enforcement since before Christmas but she has not and likely will not respond:

Q. If a licensed professional inspector is conducting a commercial inspection, is he or she required to use the inspection report form promulgated by TREC? Do the Standards of Practice apply?

A. A licensed TREC inspector is not required to use the promulgated form when inspecting property other than one to four family residential. A TREC licensed inspector may perform inspections on commercial property, as long as no other laws prohibit the inspector from doing so (please check with the Texas Board of Professional Engineering to determine when a Professional Engineer license is required). Yes, the Standards of Practice would apply to commercial property inspections to the extent that they apply.

Now imagine that one of the experts (or both) are the guys you ate a steak with a few weeks ago. That scares me!

Please be gentle....