Commercial inspection needed in San Antonio.

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.

Does TX require licensing for commercial properties?

…yes

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.

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.

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 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 [http://www.trec.state.tx.us/images/navarrow15_formslawscontracts.gif

Rules of the Texas Real Estate Commission](http://www.trec.state.tx.us/formslawscontracts/rules_codes/TRECrules.asp) 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:
[http://www.trec.state.tx.us/images/navarrow15_formslawscontracts.gif

Texas Occupations Code, Chapter 1101](http://www.trec.state.tx.us/formslawscontracts/rules_codes/rela.asp#1101_1102) - The Real Estate License Act
[http://www.trec.state.tx.us/images/navarrow15_formslawscontracts.gif

Texas Occupations Code, Chapter 1102](http://www.trec.state.tx.us/formslawscontracts/rules_codes/rela.asp#1101_1102) - Real Estate Inspectors
[http://www.trec.state.tx.us/images/navarrow15_formslawscontracts.gif

Texas Occupations Code, Chapter 1303](http://www.trec.state.tx.us/formslawscontracts/rules_codes/RSC_Act.asp) - the Residential Service Company Act
[http://www.trec.state.tx.us/images/navarrow15_licenses.gif

Texas Property Code, Chapter 221](http://www.trec.state.tx.us/licenses/timeshare_info.asp) - the Texas Timeshare Act

***More rules are available for you to “inspect”.


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

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%20received%20back/TREC%20Jurisdiction.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/anyone-done-phase-inspection-under-new-standard-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 Ҥ535.223. Standard Inspection Report
Form” of http://www.trec.state.tx.us/formslawscontracts/rules_codes/trecrules.asp (this section was rewritten as part of the Feb 2009 revisions).

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

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.

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

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.

Nolan incorrectly asserts:

Nope. If you recall, your renewal was not accepted because you were caught harming consumers and the inspection industry as a whole by promoting a known no-entrance-requirement diploma mill on your website to a greater degree than InterNACHI.

This from our Code of Ethics:

Nolan, I personally would love to have you come back to InterNACHI, and it is perfectly fine for you to also be a member of diploma mill ASHI, but we can’t permit any member to violate our Code of Ethics with regard to association prominence on your website.

Our ESOP Committee Chair has given staffers permission to reject renewals and even delete existing members who are caught violating this particular section of or Code of Ethics, without having to go through ESOP for an official ruling.

Because in 2010, so many members of the aforementioned diploma mill have chosen to also join InterNACHI, we have been granting reasonable grace periods for dual members to update their websites.

Nolan, I’m personally holding InterNACHI’s door open for you and hope to see you eventually come back home.

NG - Thanks for your reply to some of my comments regarding “chapter & verse” of various items as they relate to the TX HI community. It does prompt a few more questions for clarity.

Do you have an official document from TREC that supports your comment about the INachi commercial inspection document? I’m not in any way suggesting good/bad/indifferent about the document, but rather has TREC implemented any support of the document in the official State of Texas Rules that ultimately govern jurisdiction over the licensed TX HIs? Anecdotal comments are worthless should an inspector end up in court … ergo the question for support from TREC and State of Texas Rules.

As for my membership … yes, I did not have (at the time) a Nachi logo on my website. I will freely admit that I did not review in detail the Nachi requirements for such. By the same token I was not given an opportunity to place the logo on my website to satisfy the requirements. I was summarily removed from membership.

Your comments about “harming customers, etc.” is just another line in your dislike for ASHI that I thought, over time, would mellow, but it appears it has not.

Our profession has room for many inspector organizations and they all add value and some work better for some than others. I have always applauded Nachi / INachi for the focus on online education and the many fine HIs involved with the organization. You know … kind of like each of us having our choice of (for example) automobiles. We can pick/choose what suits our needs, we have many makes/models to choose from and they all co-exist in the market. Inspector associations are somewhat similar.

There is no need to berate the competition to build one/s own brand or product. I’ve worked in the corporate world most all my career and learned a long time ago and early on that bad-mouthing competition spoke volumes about ones own product. Really not a good thing … at least from my long-term experience.

Back to the rules and having logos in equal presence on one’s website for all other associations that an inspector belongs so … if it were truly administered equally that would be a good thing and a level playing field. At the time I was removed for such there were many HIs and websites that also did not comply and several of those websites are still in the same mode today. They show another inspector’s association logo (be it national or Texas local) and not the INachi logo. I wonder why the rule applies to some and not all, but maybe it was just me that day?

I don’t have a “home” as such, Nick. I’m pretty much focused on trying to do what I can to help our profession be well aware of the TREC rules and potential changes and understanding or lack thereof of our TX TREC SOP. I do a lot of work to help John Cahill and the SOP-RFI. So many of the questions are so simple, but until you get a locked opinion or better yet a rule change from TREC the TX HI is wide open and many don’t even know the potential ramification should they ever be called into a legal event.

I enjoy my membership with ASHI as it has served me well. I also belong to a local Texas association and it also serves me well. As always … I am continually reviewing options and opportunities.

I appreciate your offer and at some time in the future it may be a consideration, but not at the present time.

Cheers,

Nolan Kienitz
www.NolansInspections.com
D/FW

Nolan wonders:

Our free, online Commercial Inspection Prerequisite course, which is essentially a word-for-word review of the International Standards of Practice for Inspecting Commercial Properties was approved by TREC for continuing education: See http://www.nachi.org/images09/TREC-approved-commercial-inspection-course.jpg I really can’t speak for TREC and so I suggest you contact them for their position on whether or not someone performing a commercial property inspection needs a home inspector’s license.

I sympathize. Staff unfortunately has a hair trigger in deleting members IMHO.

It has mellowed proportionally to diploma mill ASHI adopting entrance requirements. They still have none.

Me too.

I agree. But any so-called professional organization that has zero entrance requirements is a diploma mill, and there is no room in our industry for diploma mills or those who financially support them IMHO.

I have no interest in “co-existing” with ASHI or any other known diploma mill, and nor should you. For the good of all inspectors, including you, and for the good of consumers, I only seek the total destruction of all diploma mills that have infested our fine profession.

I admit… it is not “truly administered equally.” That would require us to audit every member’s site continually.

Yep. You got caught. But I admit, we should have a better system and I again welcome you to return home to InterNACHI.

I sure hope so. InterNACHI really needs you and I need you.

So…without hiring an attorney as part as the quote can an inspector in CA inspect a Commercial property in TX??