Texas REALTORS® 2018 Winter Meeting | Feb. 9-13 | Austin, Texas

Legal FAQs for REALTORS® — Advertising
Name of Firm and Broker in Advertisements

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Legal disclaimer

Is my Web site an advertisement? (updated Jan. 1, 2002)

Generally, yes. The Internet is a medium in which merchants, professionals, vendors, etc. place notices and information designed to call the matter to public attention. Most "commercial" Web Sites are designed to solicit and attract business.

My Web site is designed in such a way that persons accessing the site can communicate and transact business with my firm directly from the Web site. Is my site still considered an ad? (updated Jan. 1, 2002)

Generally, yes. It is the electronic transmission or e-mail that is the communication vehicle through which the business is conducted. The information on the Web site is an advertisement.

Must the name of my firm be included in a newspaper ad or on my Web site? What about my broker's name? (updated Jan. 7, 2010)

NAR's Code of Ethics requires that the name of the firm be included in advertisements of listed properties and on a REALTOR®'s Web site. It is prudent to include the name of the firm in all ads. Furthermore, TREC rules prohibit an advertisement that in any way implies that a salesperson is the person responsible for the operation of a real estate brokerage. The broker's name should also be included in any advertisement, including a REALTOR®'s Web site, to avoid violating this rule.

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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