Another TREC agenda item

TREC is making a change to the standard form. They are not explaining to the Commissioners why the change is being made. My comment to them is


August 6, 2018

Public comment agenda item 23 d Standard Inspection form

This is not properly explained to the Commissioners in the handouts. I suspect it will be verbally explained once this letter arrives. This change is being made to correct a TREC staff error. TREC staff improperly modified the standard form by putting the TREC logo on it without Inspector Committee or Commissioner approval. Addition of the logo violates the Rule.

535.45 Certain uses of Seal, Logo, or Name Prohibited

  1.             A license holder, certificate holder, registrant or provider may not use all or part of the seal, logo, or name of the Commission or another governmental agency in a manner that implies that the person:

a. is a governmental agency;

b. is endorsed by the Commission or other agency other than as a license holder, certificate holder, registrant, or provider; or

c. holds a special status that the Commission or other agency has not granted.

If you choose to allow the logo then inspectors should be able to also use the logo on their internet site, business cards and advertising. 535.45 will also require revision.

The only thing I ask is the same forgiveness staff receives be given to inspectors who are fined for form violations. I recommend advisory letters only in all future form violation circumstances and that the error is expunged from the inspector’s record.

John Cahill

Inspector Committee Chairman 2005

This appears to be covered in a TREC proposed rule change with the addition of 535.223(3)(O). This is on page 132 of the meeting agenda 200+ page document.

Yes, but it fails to explain to the Commissioners why the change is needed. My letter explains staff made a mistake. 535.45 will also require revision. It is in my prior post.


I had several e-mail exchanges with Tony Slagle and I’ve put his last comment to me about “his” interpretation of 535.45.

They (TREC Legal, Staff) will not admit to any wrong doing. They will always continue to twist things around to suit their ‘current’ position de-jour.


Mr. Kienitz,

The purpose of §535.45 is to address those instances where a license holder uses the logo or seal in an advertisement, website, or in some other way that would imply that the license holder has the “Stamp of approval” from TREC, or would otherwise mislead the public that the person is acting on behalf of the agency. That rule does not apply to forms required and promulgated by the agency, such as the report form, the promulgated contracts forms, or any required consumer notices.

Hope that answers your concern.

Tony Slagle
Government Affairs
Texas Real Estate Commission
Texas Appraiser Licensing and Certification Board