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Are you following TREC’s ad rules?

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A man and woman pulling a for sale sign with a sold rider on it with a child running in the background

04/15/2016 | Author: Editorial Staff

True or false? The Texas Real Estate Commission’s advertising rules apply to everyone who has a Texas real estate license, even those who specialize in property management or commercial real estate.

If you attended last week’s online town hall from TAR’s Legal Department featuring Kerri Lewis, deputy executive director and general counsel for the Texas Real Estate Commission you’d know the answer is … true.

Here are a few more takeaways from Lewis’s presentation about TREC’s current advertising rules:

  1. What is an ad? “It’s an advertisement if the purpose of what you’re sponsoring, doing, or giving away is to bring business to your agency,” Lewis says. Publications, emails, and business cards are just some of the things that can be considered advertisements if you’re using them to induce someone to use your services.
  2. When is it not advertising? TREC rules address two situations that are not considered advertising: when communicating with someone after they have agreed for you to provide services, and real estate information on a website that requires a visitor to log in.
  3. You have to identify yourself as a license holder. One of the requirements is to identify yourself as a licensed agent or broker in your ads. You may also use the term “realty” or “REALTOR®” to fulfill this requirement.
  4. Your logo is not enough. You must include certain information in your ads, including your broker’s name or registered DBA; however, a logo is not acceptable substitution for your broker’s name.

These are just a few of the advertising requirements for Texas real estate license holders. Visit texasrealestate.com/onlinetownhall to watch a recording of the online town hall and download the presentation slides to learn more.

Categories: Legal
Tags: legal, texas real estate commission, trec, advertising

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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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