What is a Fitness Determination form and when should it be used?
A Fitness Determination form should be used if you have any prior criminal offenses, unpaid judgments, had any discipline taken against a professional or occupational license you held/hold, or have performed any duties of a licensee while not properly licensed.
The Fitness Determination gives TREC the opportunity to review your case and determine if you meet their requirements of moral character. TREC will determine if any of your prior offenses will prevent you from obtaining a license.
You should submit the Fitness Determination form prior to submitting a license application. Otherwise, you run the risk of going through the entire licensing process only to have TREC reject your application due to a prior offense.
The Fitness Determination form should be used if you can answer “Yes” to any of the following questions:
Have you ever been licensed by the Texas Real Estate Commission?
Have you been licensed as a real estate broker, agent or inspector in another state within the last five years?
Have you ever had a professional or occupational license suspended, placed on probation, or revoked?
Have you ever had a professional or occupational license application disapproved or denied?
Have you ever had any disciplinary hearings or investigations pending against a professional or occupational license you held/hold?
Are there any unpaid judgments against you?
Have you ever been convicted of a criminal offense, including a felonies, misdemeanors, and military tribunal convictions?
Have you ever been placed on parole, probation, or community supervision?
Do you have any criminal charges pending against you?
The Fitness Determination form should also include a Background History form.
There is a Fitness Determination form fee of $50, which in non-refundable.
Related FAQs
Fitness Determination is when the Texas Real Estate Commission determines if an applicant meets the qualification for honesty, trustworthiness, and integrity. In other words, it’s TRECs way of determining if an applicant’s moral character is acceptable to obtain a real estate license.
A Fitness Determination form should be used if you have any prior criminal offenses, unpaid judgments, had any discipline taken against a professional or occupational license you held/hold, or have performed any duties of a licensee while not properly licensed.
If you have any past criminal offenses, unpaid judgments, had discipline taken against a professional or occupational license you hold/held, or have performed duties of a licensee while not properly licensed, you should submit a Fitness Determination form to TREC.
A Background History form is used in conjunction with a Fitness Determination form. The Background History form is used to provide more in-depth information regarding a past offense that should be disclosed to the Texas Real Estate Commission.
Yes, you can still obtain a Texas real estate salespersons license if you have a prior conviction. TREC recommends that you submit a Fitness Determination form prior to applying for a real estate license. This will allow TREC to review the circumstances surrounding your case.
If you provided an email address on your Fitness Determination form, TREC will email you their decision. Otherwise, TREC will send you their decision via mail.
If TREC approves your Fitness Determination, you can then proceed with the 180-hour Texas pre-license course and your license application. When submitting your license application, you should include your Fitness Determination letter.
If your Fitness Determination is not approved, your only available option is to resubmit a new FD with additional supporting documentation. If you do not have any additional supporting documentation to submit a new FD form, unfortunately, you will not be able to apply for a Texas real estate license.