In spite of warnings by the Department of Justice, the Texas House and Oklahoma Senate moved forward on the same day to pass bills which are intended to support statutes that require minimum levels of real estate brokerage services to consumers.

The Texas House of Representatives passed a Senate bill, SB810, with a late-arriving amendment that would assure a minimum level of service to consumers. The amendment received a unanimous vote from the House.

Rep. Joe C. Pickett, D-El Paso, wrote the amendment which requires all agents who list homes for sale to present offers from buyers to the sellers and to be available to answer clients' questions. This action took the heat off of the Texas Real Estate Commission (TREC), which was considering rules to do the same.

Explains Loretta DeHay, general counsel for TREC, "The amendments to SB810 were floor amendments that were added on the second and third reading on the house floor by Representative Joe Pickett. The bill will now need to go to the Senate for concurrence on the changes made in the House. I have no information on when the Senate will take action on the bill."

When TREC received a stern letter from the DOJ, it appeared the TREC's regulations would be compromised, but if the legislation passes in the Senate as well, it will be more challenging for federal regulators to intervene with a statute.

In similar news, OK-SB673 was passed by a vote of 40 to 4 by the Oklahoma Senate and is being sent to the House for its vote. The bill was sponsored by Senator Jay Paul Gumm, D-Durant, a former Realtor.

The Oklahoma bill requires all transactional and single-party brokers to "comply with all requirements of the Oklahoma Real Estate License Code and all applicable statutes and rules be available to receive all written offers, counteroffers or other communications concerning a transaction, and reduce offers or counteroffers to a written form upon request of any party to a transaction; and to exercise reasonable skill and care including: a. present timely presentation of all written offers and counteroffers..."

Charla Slabotsky, spokesperson for the Oklahoma Association of Realtors said, "You might remember that OAR was surprised when the DOJ, in an unexpected and unusual move, issued a letter urging the members of the Oklahoma legislature to oppose SB673. The letter was issued without the DOJ contacting the Association or either legislative sponsor of SB673, Senator Jay Paul Gumm, D-Durant, and Representative Doug Miller, R-Norman. Since that time, both legislative authors and Association staff have discussed SB673 with DOJ attorneys in the anti-trust division."

"Taking the bill to a Conference Committee," she continues, "will allow OAR more time to work with those concerned with certain aspects of the bill. While we are hopeful that a consensus will be reached, we continue to support the original intent of the bill and aim to move forward with our goal of protecting consumers while upholding the original legislative intent of Oklahoma's Broker Relationships Law."

"We are confident SB673 will move forward as the legislative session continues," says Slabotsky.

Published: May 20, 2005

Use of this article without permission is a violation of federal copyright laws.

Blanche Evans is the award-winning senior editor of Realty Times, the Internet's leading independent real estate news service. She is featured daily on the Realty Times Video Network in the "Realty Viewpoint" segment. Blanche has been named one of the "25 Most Influential People In Real Estate" by REALTOR Magazine, and has been twice recognized as a "notable." In 2005, she was named "Top Reporter Covering the NAR" by Delahaye-Bacon's. Blanche is a renowned author of five real estate books. Her newest, Bubbles, Booms and Busts: Make Money In Any Real Estate Market, McGraw-Hill, was rave-reviewed by The New York Times. She was also selected from hundreds of real estate experts to contribute to Donald Trump's book, Trump: The Best Real Estate Advice I Ever Received: 100 Top Experts Share Their Strategies, Rutledge Hill Press, and is featured on page 68. Order Now Review - Honors In 2006, Blanche was selected among scores of candidates to author two consumer real estate guidebooks for the National Association of Realtors: The NAR Guide to Home Buying, and The NAR Guide to Home Selling, Wiley & Sons. She is currently planning two new books for the NAR and its members.       Known for her keen insight into real estate industry issues and for her ability to make complex subjects easy to understand, Blanche is a sought-after keynote and continuing education speaker. Real estate organizations from MLSs, to brokerages, to franchisors, to associations hire her to provide up-to-the-minute analysis of real estate industry news and advice on how to improve revenues. Her passionate delivery, peppered with stinging wit, is a huge hit with audiences and fans. Don Klein, CEO Greater Nashville Association of Realtors, Blanche Evans, Richard Courtney, president 2007, GRAR "The GNAR membership meeting last week featured Blanche Evans as the keynote speaker. Her comments and insights resonated extremely well with those in attendance and we have had many requests for copies of her PowerPoint Presentation. She was a terrific part of the membership meeting and convention program!" - Don Klein, CEO Greater Nashville Association of Realtors Coverage from WSMV, Nashville - 8-14-2007 That Interview Guy - Get Inside The Head Of Today's Generation 2007 AE Institute Session - To purchase 2006 AE Institute Session - Parts 1 2 3 4 5 6 7 8 9 HouseValues Mastermind call - Parts 1 2 Blanche's fireside chat with Jeremy Conaway, HAR - Click here. To contact Blanche, email her at . For more articles by Blanche, click here.