Capital City Inspection's Blog

Does Texas owe you money?

Michael Boyett (Capital City Inspections) — Fri, 11 Jun 2010 17:59:41 -0700

The state of Texas operates an ‘unclaimed property’ website at http://www.window.state.tx.us/ . When a payor cannot find a person that is owed money then at some point that money is turned over to the state. I did a search for my name and found that Allstate owed me $100 from 18 years ago. After filing a claim and providing the necessary documentation I received a check for that amount from the state. OK, that's not so much but...

Just for grins I searched other family members and found that my sister-in-law was owed $825 for a mutual fund that my deceased brother had from 12 years ago. That claim is still being processed but it looks promising that she will get that money soon.

Go to http://www.window.state.tx.us/up/ to Search names.

Incredible!

Michael Boyett (Capital City Inspections) — Tue, 25 May 2010 16:35:17 -0700

This is absolutely mind boggling! Those of us with small businesses will be inundated with paperwork. Simply put, not only will you continue receiving 1099's but starting in 2012 you will have to send one to anyone (anyone!) you spend more than $600 with. Yep, better start getting Tax ID's and corporate addresses for Target, Best Buy, Lowe's, etc. Nancy Pelosi was right....we did need to get the HealthCare bill passed in order to see what was in it.

Read the CNN article here.

TREC IAC SOP teleconference recording

Michael Boyett (Capital City Inspections) — Wed, 21 Apr 2010 14:19:43 -0700

Here's the 1st hour of the 4/21/10 TREC IAC teleconference discussing Requests for Interpretation:

Replace the state's inspector exam?

Michael Boyett (Capital City Inspections) — Wed, 31 Mar 2010 18:21:05 -0700

Since the inception of home inspection licensing in Texas in the early 90's the exam taken to qualify for a license has been designed and administered by TREC. Certainly, over the last 10-15 years the test questions have been designed by the Inspector's Advisory Committee to TREC. There is now a motion afoot to replace that proprietary test with one that is referred to as the NHIE (National Home Inspectors Exam). There are certainly pro's and con's of doing such and that's what I'd like Texas inspectors to voice their opinions on. The ostensible reason, explained by a IAC representative, is to more easily ensure HI license reciprocity with the adjoining states of LA, AR & OK (NM is not a licensed state). Strangely enough I have heard no call from anyone for such reciprocity. Please, develop your own opinion and let TREC and the IAC know what that opinion is via whatever method best suits your style.

Passing the reins....

Michael Boyett (Capital City Inspections) — Fri, 26 Mar 2010 04:20:16 -0700

For the past 6 years I have attended most all of the TREC Inspector Advisory Committee meetings and reported my observations and meeting notes on the InterNACHI message board as well as my personal company blog, here at ActiveRain and elsewhere. I have also held the semi-official title of InterNACHI Legislative Liaison for Texas (although Regulatory Affairs Representative might be more apropos).

I’ve decided it is time to pass the reins on to someone new now. I plan to devote more time and energy to maintaining my inspection business as well as doing a little traveling to visit my kids and grand-kids who are in separate parts of the country.

There is a lot of work to do and great opportunities for INACHI-Texas in regards to the activities proposed at the recent TREC Inspectors Summit. That initiative deserves your support.

My understanding is that San Antonio inspector Scott Emerson will assume the role of InterNACHI legislative representative in Texas.

TREC IAC Notes from 2/22/10

Michael Boyett (Capital City Inspections) — Wed, 24 Feb 2010 07:33:06 -0800

Here are my notes from the Feb 22nd TREC Inspector Advisory Committee meeting:

http://www.divshare.com/download/10576609-bd6

TREC IAC Subcommittee teleconference - 2/9/10

Michael Boyett (Capital City Inspections) — Tue, 09 Feb 2010 12:58:46 -0800

Attached are my personal notes from today’s, 2/9/10, TREC IAC SOP/Commentary subcommittee teleconference. Bottom line, the Commentary moves forward with a high likelihood of being incorporated in one manner or the other into the SOP and will become an ‘enforceable document’.

My Notes here

TREC IAC Subcommittee teleconference

Michael Boyett (Capital City Inspections) — Mon, 01 Feb 2010 21:34:00 -0800

Well, the TREC IAC Subcommittee that is working on the proposed Commentary is planning a teleconference next Tuesday, 2/9. The meeting will be primarily to discuss the Commentary and how to incorporate it into the TREC Rules thereby becoming an 'enforceable' document. The effective result is that the Texas SOP will grow from a huge document to a massive monstrosity.

Agenda Item 4. Discussion and possible action to recommend to the Texas Real Estate Inspector Committee posting of sections of the commentary for public comment with the intent to include the commentary sections in the rules of the Texas Real Estate Commission.

INACHI Position Statement re: the proposed SOP Commentary

Michael Boyett (Capital City Inspections) — Mon, 18 Jan 2010 19:02:43 -0800

This SOP Commentary Position Statement was mailed today to all 9 TREC Commissioners, several TREC staff members, the Inspectors Advisory Committee and leaders of the other trade associations active in Texas.

TREC IAC SOP Subcommittee Meeting - Cancelled

Michael Boyett (Capital City Inspections) — Mon, 11 Jan 2010 13:41:01 -0800

The TREC Inspector's Advisory Committee SOP Subcommittee meeting scheduled for this morning at 11:00 am was canceled due to lack of a quorum of the subcommittee members. Members of the full IAC met privately with TREC staff to discuss the logistics of the proposed Commentary and how it might be implemented. The decision has not been reached (at least publicly) as to whether the Commentary will be enforceable or not nor whether it will become part of the existing SOP or if it will be a new Rule or if it will be a stand-alone, non-enforceable, non-rule document for clarification purposes only. The IAC chairman said no decision has been reached on that as yet but work will continue on the proposed Commentary in the meantime. Separately, I discussed this with a TAREI representative and we agreed that all of the trade associations should develop a position statement regarding the Commentary and present that to the IAC as soon as possible. I will draft one for NACHI and post it here for comment in a few days.

Inspector Trivia

Michael Boyett (Capital City Inspections) — Wed, 02 Dec 2009 20:16:18 -0800

Due to several reasons there are now 44% fewer active inspectors in Texas than there were just 18 months ago. That's based on TREC published data.

Notes from TREC Commentary teleconference

Michael Boyett (Capital City Inspections) — Tue, 01 Dec 2009 16:32:10 -0800

Here are my notes from this morning's IAC SOP Sub-committee teleconference on the proposed Commentary. As usual, my comments are in bold, blue, italic font.

Download the pdf notes here.

TREC posts proposed Commentary for comments

Michael Boyett (Capital City Inspections) — Wed, 25 Nov 2009 16:46:04 -0800

Commentaries on the Standards of Practice, drafted by the Standards of Practice Subcommittee of the Texas Real Estate Inspector Committee, have been posted on the TREC website. There is an email link for you to send them comments, observations or just share your thoughts about these commentaries.

Input from everyone - Texas inspectors, brokers & agents, lenders, the public - is earnestly sought and welcome. Please distribute this message as widely as possible. Proposed commentaries to other sections will be coming later.

The link is: http://www.trec.state.tx.us/inspector/SpecialTopics/SoP_Commentary_2009.asp

Attorney General's Opinion

Michael Boyett (Capital City Inspections) — Tue, 24 Nov 2009 13:53:59 -0800

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

TREC IAC Std of Practice Sub-committee teleconference

Michael Boyett (Capital City Inspections) — Sat, 21 Nov 2009 11:09:39 -0800

The TREC-IAC Standard of Practice Sub-committee has scheduled a teleconference for Tuesday, 12/1. If possible, I'll 'attend' this teleconference meeting and report my notes here after the meeting.

The agenda is:

* Call to order

* Discussion and possible action to recommend to the Inspector Advisory Committee on whether work will continue on the Commentary to the Standards of Practice.

* Discussion and possible action to recommend to the Inspector Advisory Committee as to where in the Rules of the Texas Real Estate Commission the proposed Commentary to the Standards of Practice shall be placed.

* Discussion and possible action to recommend to the Inspectors Advisory Committee that the Inspectors Advisory Committee request funding from the Texas Real Estate Commission for an independent, unbiased attorney to advise the Inspectors Advisory Committee so that the Inspectors Advisory Committee can properly represent the interests of the consumers of the State of Texas in inspection related matters. (Yeah, like that will happen, it's been shot down before)

* Request for new business agenda items

* Adjourn

TREC IAC Education Subcommittee teleconference

Michael Boyett (Capital City Inspections) — Sun, 18 Oct 2009 13:46:03 -0700

The TREC Inspectors Advisory Committee Education Subcommittee met via teleconference last Friday. Attached are my notes (bold, blue, italic) from the meeting. Pay special attention to the chat log at the end of my notes, some interesting side comments were made.

TREC IAC Education Subcommittee 101609

TREC SOP Commentary - Oct '09

Michael Boyett (Capital City Inspections) — Tue, 06 Oct 2009 13:04:33 -0700

The TREC Inspectors Advisory Committee SOP sub-committee met Tuesday, Oct 6th via teleconference to discuss the status of the proposed SOP Commentary that has been on-hold for the last several months. Shown below are links to my minutes from that meeting with my notes in blue, italics as usual. Also shown below are current drafts of the Preamble, General Provisions and Structural commentaries. Feel free to comment here or contact IAC members directly. Once the Commentary is complete it will be presented to the IAC for consideration then on to the full TREC commission for approval or denial and possible implementation. There will be a public comment period at some point as well but that is just a formality.

10/06/09 Meeting Minutes

Commentary Preamble

Commentary General Provisions

Commentary Structural Systems

Public Service Announcement

Michael Boyett (Capital City Inspections) — Sat, 26 Sep 2009 01:11:56 -0700

A couple of other Texas inspectors and I have been working on a Public Service Announcement (PSA) to describe a worrisome issue that is becoming somewhat of a problem in Texas. The issue is a fair number of unlicensed and expired licensed inspectors are continuing to operate throughout the state. The PSA is just about ready and we hope to get it published in as many Realtor association magazines and electronic newsletters as possible to warn people of the risks of using an unlicensed inspector. We are going to make it where any inspector in the state can put his by-line on it and submit it to his local Realtor association for consideration. So, it can act as a little bit of publicity for the inspector as well as carry an important message to the public and Real Estate professionals.

My kind of guy...semper fi!

Michael Boyett (Capital City Inspections) — Sun, 23 Aug 2009 19:33:02 -0700

..........

New TREC Administrator

Michael Boyett (Capital City Inspections) — Sun, 23 Aug 2009 11:26:39 -0700

The Texas Real Estate Commission has named Texas REALTOR® Doug Oldmixon as its new administrator. Oldmixon, an attorney and founding broker of Spillar Oldmixon Advisors Realty, formerly served as deputy commissioner of the Texas Veterans Land Board.

Oldmixon replaces Loretta DeHay who has been acting in the Administrator's position since Tim Irvine resigned late last year. The duties of the TREC Administrator include:

* managing TREC as its chief executive officer,

* developing policy recommendations,

* monitoring agency expenditures and determining appropriation needs,

* testifying before the state legislature on appropriative and legislative matters affecting the agency.

Having an Attorney/Broker in this position could prove interesting for inspectors. Dehay will resume her General Counsel responsibilities for TREC.

Lesson learned

Michael Boyett (Capital City Inspections) — Sat, 09 May 2009 19:39:43 -0700

I learned a little lesson today. My inspection just happened to coincide with the Seller's garage sale this morning. So, no problem..I just get busy doing my thing. I have a new tool carrier that I keep all my expensive meters and doo-dads in that I take into the house so I don't have to run back and forth to the truck. Well, I set it down in the garage out of the way and went out front to the water meter to check on it and to a hose bibb to measure the water pressure. (Bet you can tell where this is going huh? ) I'm gone 2-3 minutes and when I come back in there's a lady sifting thru my tools and she has her arms full of stuff. I said M'am, M'am...those are not for sale! Well, she speaks no English and just keeps digging around...she's got my Tif8850, moisture meter, amprobe, tape measure and several other things in her hands. I finally just said NO! and had to 'help' her put the stuff back. She looked at me like I was crazy and just moved over to a table of junk that was for sale.

TREC Commentary is dead...long live the Commentary!

Michael Boyett (Capital City Inspections) — Thu, 07 May 2009 17:07:19 -0700

OK, I admit to taking a little literary license with the subject line of this thread. My hyperbole is overstated somewhat (can that be done?) but not by much I don’t think. You can view or download today's meeting notes here and, as usual, my personal notes are in bold, blue italic font for easy identification.

The proposed SOP Commentary really took a hit today with a strong disagreement surfacing between the Inspectors Advisory Committee and TREC as to the logistics and politics of incorporating the proposed Commentary. Essentially, further Commentary work was tabled until such time as TREC and the IAC can get on the same page regarding this issue. Maybe the Commentary will be brought from the back burner in the next few weeks, maybe it’s done for now. Time will tell.

TREC SOP Commentary - Draft

Michael Boyett (Capital City Inspections) — Thu, 16 Apr 2009 15:28:35 -0700

You can download and review the new TREC SOP Commentary here. This April '09 draft version covers the Scope/Definitions and Structural sections of the new SOP. Other sections will be added in the next couple of months.

10th Largest Country in the World!

Michael Boyett (Capital City Inspections) — Mon, 16 Mar 2009 09:40:29 -0700

TREC Commission Meeting 2/23/09

Michael Boyett (Capital City Inspections) — Mon, 23 Feb 2009 21:02:49 -0800

Here are my notes from today's Texas Real Estate Commission meeting. As usual, my notes are in bold, blue, italic font. Try not to doze off....see: http://www.divshare.com/download/6639720-80a .