Commercial inspection needed in San Antonio.

[Nick Gromicko]

Mixed use.
4 residential units on the top floor above 1 retail unit below.
6,000 sq. feet

Email Nick at fastreply@nachi.org if you are interested in this inspection job.

[Paul Pendley]

Does TX require licensing for commercial properties?

[Richard W. Washington]

Originally Posted by ppendley

Does TX require licensing for commercial properties?

Once you are licensed for residential you are automatically licensed for commercial.

[Nolan Kienitz]

Originally Posted by rwashington

Once you are licensed for residential you are automatically licensed for commercial.

Richard,

What is your backup for the comment above?

Can you please provide the Texas State rules/regs from TREC that support your comment?

I've sent you a personal e-mail that you've not yet replied to so thought I would try here.

[Richard W. Washington]

Originally Posted by Nolan Kienitz

Richard,

What is your backup for the comment above?

Can you please provide the Texas State rules/regs from TREC that support your comment?

I've sent you a personal e-mail that you've not yet replied to so thought I would try here.

All 4 of my TREC approved instructors back in 2003 stated as such.

[Nolan Kienitz]

Originally Posted by rwashington

All 4 of my TREC approved instructors back in 2003 stated as such.

Richard,

That does not provide the actual facts and backup that the Rules in the State of Texas or TREC has.

Anecdotal comments about such from anyone (licensed or not) is just that (anecdotal) without backup.

You have stated such ... can you provide the precise documentation at TREC that supports your claim?

You could very likely simply be perpetuating "inspector folklore" and "mis-information".

Please provide the chapter/verse that backs up what you are suggesting.

[Richard W. Washington]

Originally Posted by Nolan Kienitz

Richard,

That does not provide the actual facts and backup that the Rules in the State of Texas or TREC has.

Anecdotal comments about such from anyone (licensed or not) is just that (anecdotal) without backup.

You have stated such ... can you provide the precise documentation at TREC that supports your claim?

You could very likely simply be perpetuating "inspector folklore" and "mis-information".

Please provide the chapter/verse that backs up what you are suggesting.

When someone receives their license in TX to inspect for residential properties it is a joint license allowing them the oppportunity to inspect commercial as well.
It is not in any TREC statute because TREC only has jurisdiction over real estate transactions. TREC is not concerned about warranty, maintenance, framing, etc. Inspections just like they are not concerned about commercial.
Since you obviously don't agree then let's allow some of the other inspectors to chime in.

[Richard Fitzwater]

Richard is correct.

Here is info from the TREC website.

TREC exists to protect and serve the citizens of Texas. The Commission's programs of education, licensing and industry regulation ensure that real estate service providers are honest, trustworthy and competent.
TREC requires that all real estate brokers and salespersons meet and maintain specified levels of education to hold a license to act as a real estate agent. Agents are required to follow the provisions of The Real Estate License Act and the Rules of the Texas Real Estate Commission in all transactions and to deal with the public in a competent and honest manner. The Commission also licenses real estate inspectors, residential service companies, real estate schools and registers timeshare properties.

Created in 1949, the Texas Real Estate Commission (TREC) administers four laws:
Texas Occupations Code, Chapter 1101 - The Real Estate License Act
Texas Occupations Code, Chapter 1102 - Real Estate Inspectors
Texas Occupations Code, Chapter 1303 - the Residential Service Company Act
Texas Property Code, Chapter 221 - the Texas Timeshare Act


More rules are available for you to "inspect".

[Bruce Thompson]

As far as I recollect, there is nothing in writing that dictates who can inspect a commercial property. TREC merely regulates 1-4 family dwellings and licenses us to inspect them.

There is no "joint" licensure by anyone or any commission.

We, of course, can inspect commercial properties if we choose. But these are completely unregulated by TREC.

Bruce

[Michael R. Boyett]

In an effort to centralize and memorialize TREC responses www.soprfi.com attempts to track Requests for Information that various Texas inspectors send to TREC. Since so many inspectors are confused on this issue then, a month or so ago, I wanted TREC to go on record with a response. Go to SOPRFI and click on on Pending RFI then scroll down near the bottom. Look in the left column for 2010-10-23 (should have been 2010-6-23 but that's OK). Click on that to see the original RFI then move over to the far right column and click 07-05-10 to see TREC's response.

Three times now over the last year I have queried TREC on this topic, twice by written communications and once by verbal discussion with the TREC General Counsel and all three times the answer has been the same...TREC asserts jurisdiction over all real estate inspections that are part of a sales or purchase transaction. That would include commercial as well as residential. There is no separate commercial SOP, but the residential SOP applies to the extent that it applies according to TREC...decipher that however you like. Additionally, there is no promulgated commercial report form. That does not mean that TREC doesn't have or, at least claims, jurisdiction over commercial inspections.

[Chuck Evans]

Originally Posted by mboyett

In an effort to centralize and memorialize TREC responses www.soprfi.com attempts to track Requests for Information that various Texas inspectors send to TREC. Since so many inspectors are confused on this issue then, a month or so ago, I wanted TREC to go on record with a response. Go to SOPRFI and click on on Pending RFI then scroll down near the bottom. Look in the left column for 2010-10-23 (should have been 2010-6-23 but that's OK). Click on that to see the original RFI then move over to the far right column and click 07-05-10 to see TREC's response.

Three times now over the last year I have queried TREC on this topic, twice by written communications and once by verbal discussion with the TREC General Counsel and all three times the answer has been the same...TREC asserts jurisdiction over all real estate inspections that are part of a sales or purchase transaction. That would include commercial as well as residential. There is no separate commercial SOP, but the residential SOP applies to the extent that it applies according to TREC...decipher that however you like. Additionally, there is no promulgated commercial report form. That does not mean that TREC doesn't have or, at least claims, jurisdiction over commercial inspections.

I saw that response last week http://www.soprfi.com/RFI/RFI%20rece...risdiction.pdf. Very interesting to say the least. In the response Bijansky clearly indicates that, despite all of the discussion to the contrary (including opinion provided by Larry Foster http://www.nachi.org/forum/f71/anyon...practice-37615 ), the TREC promulgated form IS required for buyer phase inspections on new construction. I think that the requirement is ludicrous for pre-pour and frame inspections, but the position is consistent with the wording of the rule.

However, Bijansky goes on to indicate that phase inspections performed for a builder, also must be documented on the promulgated form. This position IMO is inconsistent with the documented rules (see below). So again we have expressed guidance that varies by who gives it from TREC and is inconsistent with documented rules...

The following is excerpted from "§535.223. Standard Inspection Report
Form" of http://www.trec.state.tx.us/formslaw.../trecrules.asp (this section was rewritten as part of the Feb 2009 revisions).

(1) Except as provided by this section, inspections performed for a prospective buyer or prospective seller of one-to-four family residential property shall be reported on Form REI 7A-1 adopted by the Commission ("the standard form").

(6) This section does not apply to the following:
(D) quality control construction inspections of new homes performed for builders, including phased construction inspections, inspections performed solely to determine compliance with building codes, warranty or underwriting requirements, or inspections required by a municipality and the builder or other entity requires use of a different report, and the first page of the report contains a notice either in bold or underlined reading substantially similar to the following: "This report was prepared for a builder or other entity in accordance with the builder's requirements. The report is not intended as a substitute for an inspection of the property by an inspector of the buyer's choice. Standard inspections performed by a Texas Real Estate Commission licensee and reported on Texas Real Estate Commission promulgated report forms may contain additional information a buyer should consider in making a decision to purchase." If a report form required for use by the builder or builder's employee does not contain the notice, the inspector may attach the notice to the first page of the report at the time the report is prepared by the inspector.[/url]

Wonder if DPS and Burgess are aware that TREC wants them to use the promulgated form for their builder QC inspections????

[Michael R. Boyett]

Chuck, there are several puzzled inspectors with the same question. My guess is that TREC will put some more thought into builder QC type inspections and may modify their stance in the future but it is what it is for right now at least.

[Chuck Evans]

Originally Posted by mboyett

Chuck, there are several puzzled inspectors with the same question. My guess is that TREC will put some more thought into builder QC type inspections and may modify their stance in the future but it is what it is for right now at least.

The problem is that the OPINION is inconsistent with the RULE regarding builder QC inspections and the inspector community, at large, is under the impression that the TREC form does NOT apply when they do phase inspections for buyers.

[Nolan Kienitz]

RW - Thanks for your reply. My push is for support for your comments. No dis-respect intended, rather an attempt to generate conversation and get other TX HIs into the mix to also dig into the rules and find precise answers.

RF - Thanks very much for coming to the conversation and the links you provided. Albeit they source to the overall document. Where is a precise rule that addresses the questions/comments regarding RW's original statement that said once you get your TREC license for 1-4 residential that you are now also licensed for commercial?

The line about what TREC requires of the brokers, agents, etc., is not of my concern. We need to keep our attention and focus on what is being required of the licensed HIs.

Again ... good links, but need granularity.

BT - Excellent response and this pairs with RW's earlier comment that many of us licensed inspectors "DO" inspect commercial properties. But, TREC has entered an opinion into the mix recently concerning jurisdiction.

MB - As always excellent and well documented questions with answers. Your recent SOP-RFI with Devon's reply is a stake in the ground. As we've discussed and I've heard from many other HIs who will now be writing new SOP-RFIs based on that new jurisdictional matix. Of course the SOP-RFI needs to be short and to the point and not wide ranging to try and include multiple items in one RFI. Questions about the "form" or "template" is one RFI, etc., etc., etc.. Too many questions in one RFI get tabled almost every time.

CE - Thanks so much for your observations as well. It always helps to have good input and considerations. As you indicated concerning Burgess and DPS it will be interesting to see what their take/position will be. Consider for example a foundation pre-pour inspection ... one "should have" the PTI Level One Certification for such. The engineer from the foundation engineering company who provides that actual inspection to the builder follows the PTI inspection guidelines and usually always uses the template/form they suggest/require. I wonder what TREC will think about that?


Everyone - Thanks so much for the interchange, my focus is for discussion and to try and get more HIs tuned into what is happening in our profession. I fully understand RW's comments as I've heard them time and again over the years, but "where is the precise backup" for those anecdotal comments?

Sorry to be an interloper here from a 'non-member' of Nachi. I used to belong many years ago, but was un-invited due to some problems that upper-management had with me also belonging to ASHI.

Again ... thanks very much for everyone's input.


Cheers,

Nolan Kienitz
www.NolansInspections.com
D/FW

[Nick Gromicko]

The last time we checked (about a year ago), TREC asserted jurisdiction over all real estate inspections that are part of a real estate sale, including commercial properties, but had no problem with the International Standards of Practice for Inspecting Commercial Properties and had no plans to develop a competing commercial SOP, in part, we believe, because the commercial inspection industry already has a robust, well-developed standard in use.