In June, TREC requested an opinion from the state Attorney General as to whether TREC has jurisdiction over inspectors who perform inspections for someone other than a Buyer or Seller of real property. The AG handed down his opinion today and the simple answer is No:S U M M A R Y
The Texas Real Estate Commission does not have authority under section 1102.401(a), Occupations Code, to take disciplinary action against a person licensed under chapter 1102 if the person has not accepted employment to perform a real estate inspection for a buyer or seller of real property.
It is necessary to define the terms “buyer” and “seller” in the context of chapter 1102 in order to determine whether a person, in a particular factual context, constitutes a buyer or seller of real property for which a real estate inspector has accepted employment. As the agency charged with administering chapter 1102 and authorized to establish the standards of conduct and ethics for persons licensed under chapter 1102, the Commission must determine, in the first instance, the meaning of these terms.*
Very truly yours,
*GREG ABBOTT *
Attorney General of Texas* The original request for opinion can be seen here: http://www.oag.state.tx.us/opinions/opinions/50abbott/rq/2009/pdf/RQ0804GA.pdf And the AG’s complete response can be seen here: http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2009/pdf/ga0748.pdf
There’s some history to this Request for Opinion and the resulting Opinion. While the AG’s Opinion essentially supports how TREC has been operating all along this Opinion confirms TREC’s position to-date. I’ll explain the history of the request (as I know it if needed).