Can I link to the IABS form in my signature?

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01/21/2016 | Author: Editorial Staff

Does a link to the Information About Brokerage Services form in my email signature meet the Real Estate Licensing Act’s requirement to provide the information in the form to consumers?

No. Linking to the Information About Brokerage Services form in a footnote or signature block in an email does not satisfy the requirements outlined in the Real Estate Licensing Act.

According to TREC rule 531.20, which is effective February 1, 2016, you can personally deliver the Information About Brokerage Services form, or send it via first class mail or overnight delivery. Or, you could put the form within the body of an email. License holders can reproduce TREC’s Information About Brokerage Services form with the broker contact information section prefilled if the form text is copied verbatim and the spacing, borders, and placement of the text appear identical to the published version of the form.

In addition, you can attach the form to an email, or you can link to the form within the body of an email, but both require that you specifically make a reference to the linked or attached form in the body of the email.

Read more legal Q&As on texasrealestate.com.

Categories: Forms, Legal
Tags: iabs, legal faq, legal, forms, trec


Comments

Rick DeVoss on 02/12/2016

Although I am not an attorney, I would challenge the definition of a “subagent” as shown on the new IABS form.  It would appear that someone wrote that paragraph without thinking of what a “subagent” truly is.

A “subagent” works for the listing broker, and therefore represents the seller in a transaction.  A “subagent” has a license which is held by a different broker.  A “subagent” is paid by the listing broker.  A “subagent” has no formal relationship with a buyer.  A “subagent” is not an intermediary.  A “subagent” is not a facilitator.

I will predict that the IABS form will be revised in the near future.

 

Donald Moore on 02/12/2016

If you read the new IABS, then you are a subagent if you aid a buyer in a transaction without an agreement to represent the buyer. This puts a lot of agents in a position that they are a subagent without even realizing it.  Do you always get a buyer’s representation agreement?

New IABS: “AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. “ 

Many Brokers do not allow subagents because a Subagent represents a principal through cooperation with and the consent of a broker representing the principal not because of TREC’s new definition.  Under the above definition, I believe there is a potential liability issue for the broker if they allow Subagent.                 

 

Joan Massie on 02/10/2016

Most offices in my area do not allow sub-agency.

Don Moore on 01/25/2016

An issue I see with the new IABS is the SUBAGENT paragraph.

In my opinion, the “AS SUBAGENT” paragraph does not comply with the Texas Occupations Code as now written in the new IABS:

The new IABS States:
“AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. “

Texas Occupations Code shows the definition of a Subagent in Sec. 1101.002.  DEFINITIONS:

(8)  “Subagent” means a license holder who:
(A)  represents a principal through cooperation with and the consent of a broker representing the principal;  and
(B)  is not sponsored by or associated with the principal’s broker.

Nowhere can I find in the Texas Occupations Code Sec. 1101.002 or otherwise, does it mention “aiding a buyer in a transaction”.  It clearly states “a Subagent represents a principal through cooperation with and the consent of a broker representing the principal”.

A Subagent can represent both the buyer and principal in the same transaction but the Subagent would be very limited in what service he can give the buyer.  His fiduciary obligation would be to the principal. 

 

SANDY VIVEIROS on 01/25/2016

Kevan, how do I get this link from TAR (ZipForms) into an openable link ?

Marge Bomar on 01/24/2016

Kevan has the simplest and most effective way to get it done.

Pablo Pena on 01/24/2016

You can convert the pdf into jpeg after you fill it out and copy and paste the jpeg into your email settings. Worked for me on Yahoo Mail , I might put up a YouTube video on how to do it.

Rick DeVoss on 01/22/2016

I agree with Michael.  (After 36 years in the business.)  ...And I do not like the answer from the ‘Staff’.
The intent of the TREC Rule was to actually present the information to the customer, explain it to them, and answer any questions they might have.
You then typically ask the customer to sign the form, signifying that you gave them the briefing on the information.

So how does “attaching” it to an email accomplish that??
How does putting a link to it in an email accomplish that??

If you are going to send the form to someone in an email, you’d better get them to sign it and send the form back to you if you want to be able to prove that you gave them the info.

I know many people, myself included, who will not open an attachment, or click on a link, unless it is something that I am particularly interested in, or from some source that I trust.  ~So you attach the form to your email; how do you know the person ever looked at the attachment?

Perhaps if you wrote an entire email letter, paraphrasing the IABS form, asked the person if they had any questions, and got their acknowledgement that they understood what you said, (in writing), then, and only THEN, could you claim that you had legally presented the information to them.

Wouldn’t it be simpler to just brief them when you first meet them, and have them sign the form…?

Michael Keegan on 01/22/2016

I am all for technology and the time and the cost savings it affords us. I am also concerned of some of the practices I see after over 30 years as a Realtor of many agents and their Brokers allowing the hedging of proper disclosure and professionalism.  The rules are basically the same….what changes are the ways people try to get around them.

Doris Snipp on 01/21/2016

I hope all Brokers inform their agents of this policy. It has become a popular practice of many agents in my area. I would think an email mentioning the form was attached and to ask client to call and discuss the form with you would be an easy way to handle the issue. One needs to note that the email would be in response to your first contact made concerning real estate. In the event the first contact was by phone one could or explain the form on the phone a follow up email with form attached be sent asap.

Kevan Pewitt on 01/21/2016

Inserting the form as an attachment in an email and then referencing the attached form would be the simplest method of transmitting it to potential clients.

Chip Staniswalis on 01/21/2016

You may place the IABS form in the body of an email provided that the spacing, borders and placement of text must appear to be identical to that in the published version. A miniature version of the form in the body of an email would not comply with the requirements in subsection (e) because it would not appear to be identical to the published version of the form, in my opinion. Be sure to complete the broker/agent/license # request at the bottom of the form.


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