What you need to know about advertising rules

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Newspaper ad with black outline of a house circled in red

10/18/2016 | Author: Legal Staff

Did you miss last week’s webinar about Texas Real Estate Commission advertising rules? Download the slides and access the audio for an overview of the current rules, including information about assumed names, team names, and nicknames. Here’s an example of the topics covered:

Q: Are promotional items—pens, pencils, mugs, t-shirts—considered advertisements?

A: Yes. Remember that an advertisement includes a written statement or communication by or on behalf of a license holder that induces or attempts to induce a member of the public to use the license holder’s services. Under the current rules, there is no exception for promotional items.

Categories: Legal
Tags: advertising, trec rules, legal


Comments

Brian wright on 10/26/2016

Would this be sufficient by changing the name on my page to Brian Wright, Realtor,  (brokerage name) that discloses both salesperson status and whom is in charge on every post.

David Davis on 10/26/2016

Brian,
That’s a great question.  If you read the rules, each post must contain the identification required.  Each post is considered an advertisement, and therefore must meet the requirements of an advertisement.  One simple way to do it is to set up a template for your posts.  Then use that same template for all of your posts.

Brian wright on 10/26/2016

My question is,  is it sufficient to clearly identify yourself on your Facebook business page as per these rules or must each post also contain the correct identifiers?

David Davis on 10/26/2016

You would be surprised at the number of agents that continue to post violations on social media, Facebook being the worst.  The most common that I see is the lack of identifying the Brokerage name, and lack of the IABS and Consumer Protection Notice on websites that linked in the posts.  Teams, and assumed names are another huge problem.  Also another recent discovery was a local brokerage that had many agents sponsored under the individual broker while operating under the business entity.  It was one of the larger entities.  I wont name any names but check your licenses.  Make sure you know who your sponsor really is.  Is it a company or an individual.


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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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