? about Texas licensing

[James Eubank]

I have a quick question about Texas licensing. I'm in Colorado, not licensed in Texas. Have an opportunity to do an investment/commercial/portfolio inspection in Texas. It's 60 duplexes (120 residential units). Under Texas licensing, do you know if that's considered residential or commercial? Or do you know where I can find the answer? Thanks.

[Michael R. Boyett]

Doesn't make any difference. You must be licensed in Texas to do either residential or commercial. TREC governs all RE transactions. See the next to last FAQ here.

[Chuck Evans]

Originally Posted by jeubank

I have a quick question about Texas licensing. I'm in Colorado, not licensed in Texas. Have an opportunity to do an investment/commercial/portfolio inspection in Texas. It's 60 duplexes (120 residential units). Under Texas licensing, do you know if that's considered residential or commercial? Or do you know where I can find the answer? Thanks.

Commercial if the building exceeds 4 units. Not sure if a large group of duplexes with a single buyer falls under TREC jurisdiction. It shouldn't, but that doesn't necessarily mean much. You can look at inspector regs here http://www.trec.state.tx.us/ or try giving TREC a call (get the name of whomever you talk to, because the answer may vary from person to person)

[Michael R. Boyett]

Here's an e-mail exchange with TREC that I base my opinion on. Ms. Bijansky is now Assistant General Counsel:

Mr. Boyett:

....

Your reading of the licensing requirement is correct.

Devon V. Bijansky
Staff Attorney
Enforcement Division
(512) 465-3960
fax (512) 465-3962
------------------------- From: Michael Boyett [mailto:borntxn@hotmail.com]
Sent: Sunday, December 30, 2007 6:03 PM
To: Devon Bijansky
Subject: Commercial inspections

Devon,

Is a TREC Inspectors license required to perform inspections on commercial properties in Texas for a buyer or seller?

My interpretation of OC 1102 and other laws/rules indicate that, yes, a license is required of anyone inspecting properties, residential or commercial, for a buyer or seller of real property. I also understand that the promulgated TREC form 7A-0 is not required for such properties but may be used if so desired.

Regards,
Mike B.

I have since confirmed this verbally with the General Counsel as well.

[Chuck Evans]

Originally Posted by mboyett

Here's an e-mail exchange with TREC that I base my opinion on. Ms. Bijansky is now Assistant General Counsel:

I have since confirmed this verbally with the General Counsel as well.

Oh well. I guess you can pass it along to one of your TX based colleagues.