(a) - (e)(No change.)
[(f)An advertisement placed by a
license holder must include a designation such as "agent," "broker"
or a trade association name that serves clearly to identify the advertiser
as a real estate agent.]
(f)[(g)] A broker or salesperson
may not place an advertisement that in any way:
(1)implies that a salesperson is the person responsible
for the operation of a real estate brokerage business; or
(2)causes a member of the public to believe that a
person not authorized to conduct real estate brokerage is personally
engaged in real estate brokerage.
(g)[(h)] Except as provided
by subsections (c) and (f) [(g)] of this section,
a business entity licensed as a real estate broker may do business
in the name in which it was chartered or registered by the Office
of the Secretary of State.
(h)[(i)] A license holder may
not use a copyrighted trade name unless the license holder has legal
authority to use the name.
(i)[(j)] A real estate license
holder placing an advertisement on the Internet, electronic bulletin
board, or the like must include on each page on which the license
holder's advertisement appears any information required by this section
and §1101.652(b)(23) of the Act. For purposes of this subsection,
"page" means each html document of a website, which may include several
screens of information that are viewed by scrolling down to the end
of the document.
(j)[(k)] A real estate license
holder placing an advertisement by using an electronic communication,
including but not limited to email and email discussion groups, text
messages, and social networking websites must include in the communication
and in any attachment which is an advertisement, the information required
by this section and §1101.652(b)(23) of the Act. For purposes
of advertising on social networking websites that limit the number
of characters in a communication and the required information would
consume more than 10% of the available character limit, a license
holder may include a direct hyperlink containing the words "TREC DISCLOSURE"
which links to the information required by this section and §1101.652(b)(23)
of the Act. If the site does not allow a hyperlink, the link may be
spelled out with the words "TREC DISCLOSURE" stated before the link.
(k)[(l)] An advertisement placed
where it is likely to attract the attention of passing motorists or
pedestrians must contain language that clearly and conspicuously identifies
the person publishing the advertisement as a real estate broker or
agent. This subsection does not apply to signs placed on or providing
directions to real property listed for sale, rental or lease with
the broker who has placed the sign, provided the signs otherwise comply
with this section and the Act.
(l)[(m)] An advertisement containing
an offer to rebate a portion of a license holder's commission must
disclose that payment of the rebate is subject to the consent of the
party the license holder represents in the transaction. If payment
of the rebate is contingent upon a party's use of a selected service
provider, the advertisement also must contain a disclosure that payment
of the rebate is subject to restrictions.
(m)[(n)] If an advertisement
offers, recommends or promotes the use of services of a real estate
service provider other than the license holder and the license holder
expects to receive compensation if a party uses those services, the
advertisement must contain a disclosure that the license holder may
receive compensation from the service provider.
(n)[(o)] A license holder may
not advertise information regarding service providers that ranks the
providers unless the ranking is based on disclosed objective criteria.
(o)[(p)] A license holder may
not advertise that the license holder offers, sponsors, or conducts
Commission approved courses in conjunction with an approved school
or other approved organization unless the license holder is approved
by the Commission to offer the courses.
The agency
certifies that legal counsel has reviewed
the emergency adoption and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on August 8, 2017
TRD-201702989 Kerri Lewis
General Counsel
Texas Real Estate Commission
Effective date: September 1, 2017
Expiration date: December 29, 2017
For further information, please call: (512) 936-3092
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