The Texas Real Estate Commission (TREC) licenses and enforces the laws and regulations against licensed realtors, real estate inspectors, and other real estate professionals. They also handle any disciplinary complaints received against these professionals. All real estate inspectors must remain aware of their responsibilities and duties under applicable laws and regulations to avoid missteps that could lead to disciplinary licensing complaints.
An experienced real estate inspector license defense attorney at Bertolino LLP can represent your interests in any proceedings you may face before TREC. We can review the legal issues involved in your case and develop effective strategies to resolve any disciplinary complaints and minimize sanctions against your license.
Inspecting Residential Foundations
22 Tex. Admin. Code §525.228(a) requires licensed real estate inspectors to give written opinions about foundation performance when someone hires them to inspect a residential foundation. TREC recommends that all real estate inspectors have a clear understanding of how foundations are supposed to function and current industry standards through continuing education courses.
Movement of Foundations
Some foundation movement over time is normal, especially in Texas, where predominantly clay soil expands and contracts in response to changes in moisture levels. This expansion and contraction causes the foundation to settle over time. Settlement can be acceptable or problematic, depending on the situation. There are two types of settlement:
- Uniform settlement occurs when the entire foundation settles uniformly or evenly. This settlement is typically not problematic because it maintains the stability of the foundation’s overall structure.
- Differential settlement occurs when one part of the foundation settles more than another. The uneven nature of differential settlement can lead to cracks and an unaligned foundation, compromising the integrity of the structural design.
Differential settlement can occur for various reasons, including fluctuations in soil moisture levels, poor drainage, water leaks, loss of soil compaction, and improper construction. However, issues such as the incursion of tree or plant roots near the foundation, soil erosion, flooding, and other natural disasters also can adversely affect foundations.
Required Standards for Foundation Inspections
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Real estate inspectors must conduct a visual inspection to form an opinion on the foundation’s performance. If the overall opinion of performance is adverse, the inspector must report all present and visible indications used to reach that opinion. For example, visible indications might include the following:
- Doors that stick, fail to latch, or seem not to be square;
- Separations in framing or frieze boards;
- Sloping floors;
- Cracks or separation in walls, ceilings, or floors; and
- Buckling or cracking in masonry cladding.
Inspectors can use specialized equipment or tools to perform more intensive evaluations if competent to do so. For instance, they can use thermal imaging, ground-penetrating radar, and elevation measurement tools to perform load tests, vibration tests, or deflection measurements. However, inspectors are not required to utilize special tools or perform advanced evaluations to meet minimum TREC standards.
Duty to Protect the Client’s Interests
Licensed real estate inspectors should report all visible signs of possible adverse performance, regardless of their overall assessment of the foundation. These details enable clients to make fully informed and educated decisions about the property, whether they choose to accept it as it is, require repairs, or hire a specialist to conduct an additional evaluation. Under §525.220(b)(1), inspectors must “protect and promote the interest of the client to the best of the inspector’s ability and knowledge.”
Does TREC Require Real Estate Inspectors to Use a Contract for Inspections?
No. TREC does not require any contract to be signed by the parties to the inspection, although inspectors are free to use any contract they choose.
Do Real Estate Inspectors Have to Maintain Insurance?
TREC requires real estate inspectors to provide a Certificate of Insurance form, signed by the insurance agent, when they issue an initial license or renew an existing one. Real estate inspectors must also retain sufficient records of professional liability insurance coverage, as well as any other applicable insurance coverage, to document continuous coverage to TREC related to the preceding two-year license period.
What Does It Mean for a Foundation to Be “Performing”?
22 TAC §535.227(b)(8) defines the “performance” of a residential foundation as “achievement of an operation, function or configuration relative to accepted industry standard practices with consideration of age and normal wear and tear from ordinary use.” To meet this definition, the foundation should be reasonably flat and level, with no signs of excessive movement or other characteristics that might compromise the structure.
Bertolino LLP: The Law Firm Ready to Defend Your Interests
Retaining an experienced real estate inspector license defense lawyer to represent you before TREC is always in your best interest. We are here to protect our interests throughout every stage of your licensure or disciplinary proceedings. Contact the lawyers of Bertolino LLP today by calling (512) 980-3751 or visiting us online.
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