The advertising checklist every Texas REALTOR® needs

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Red Sold rider on a For Sale sign with a family in the background.

10/06/2014 | Author: Editorial Staff

How can I determine if my online ads generally comply with the rules and regulations?

The following checklist of questions can help. While this list may not be comprehensive, it sets out many compliance issues.

  1. Does the ad contain any misleading statements, or does it tend to create a misleading impression in any manner? It is prudent for someone who did not design the ad to scrutinize it for any potentially misleading statements. Keep in mind that the standard is not whether a statement is true, but whether the advertisement "tends to create a misleading impression."
  2. Does the ad contain the name of the real estate firm or broker? It should.
  3. Does the ad identify the professional or license status of people in the ad? It might be prudent to identify the license status of all individuals and firms named in the ad, either specifically or globally. Use of the term REALTOR® is acceptable to identify this status.
  4. Does the person causing the ad to be published have proper authority to publish or submit the advertisement?
  5. Is the price quoted the price agreed upon by the owner?
  6. If any service is offered “free of charge,” make sure that the service is not tied to or contingent upon any service for which the REALTOR® is to be compensated.
  7. If any inducements are offered, does the ad fully describe the conditions for inducements?
  8. Is any ownership interest in the property held by the REALTOR® disclosed?
  9. If any loan information is advertised, does the ad comply with requirements of Regulation Z?
  10. Does the ad inadvertently imply a limitation or preference to a protected class that could potentially violate fair housing laws?
  11. Is the specific information related in the advertisement accurate?

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Categories: Legal
Tags: legal, legal faq, advertising, advertisement, marketing, selling


Adam Don on 05/25/2015

What kind of marketing are you guys doing online? I’m using Flipt for lead gen with home sellers and capturing anywhere between 20 - 30 listing leads monthly..

Mike McEwen on 11/08/2014

Gotcha!  It refers to the kind of license…...except the word REALTOR®

Trina Eastwood on 10/09/2014

I see “Just Listed ” posts on FB without the majority of the required information,  only a picture, price and Call Me if you want to see this. Violations galore.

Grace Sanchez on 10/09/2014

I agree with Mr. Crossland

Stephen Williams on 10/09/2014

Mr. Crossland is absolutely correct. 

Steve Crossland on 10/09/2014

Listings displayed on Zillow violate several over the above. The Zestimate is misleading, the listing agent/Broker is often obfuscated. Other issues abound.

Editorial Staff on 10/08/2014

@Mike: The terms “broker,” “salesperson,” and “REALTOR®” are all examples of license status.

Mike McEwen on 10/06/2014

I would like to see an example of what you mean by license status.

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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 Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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