(a) This section is intended to establish standards
relating to permissible forms of advertising by a person licensed
as a real estate broker or salesperson and functioning as a residential
rental locator ("locator"). For the purposes of this section, the
term "residential rental locator" shall have the meaning provided
by §1101.002(6) of the Act. For the purposes of this section,
the term "advertisement" shall have the same meaning provided by §535.154(a)
of this chapter (relating to Advertising).
(b) If a locator advertises more than one apartment
unit in the same advertisement and lists amenities or features generally
without providing the features or amenities available at a specific
rent for a specific unit, the advertisement must include a statement
having a meaning substantially equivalent to one of the following.
(1) "All units do not have the advertised features
or amenities."
(2) "The rent is $_____ or more, depending on the features
of the unit."
(3) "The rent quoted is the minimum for a unit which
may not have all the features advertised."
(c) Advertisements in a printed publication shall be
deemed to be in compliance with the requirements of subsection (b)
of this section if the publication in which an advertisement appears
contains this notice at the beginning of the section in which the
advertisement appears: Notice. Residential rental locators are required
to be licensed by the Texas Real Estate Commission (P.O. Box 12188,
Austin, Texas 78711-2188, (512) 936-3000 or (512) 936-3005). Locators
may advertise apartment units in general terms, and all units may
not have the same features. The amount of rent quoted in an advertisement
may be the starting rent for a basic unit or for a unit which does
not have all advertised features.
(d) An advertisement by a locator of an apartment unit
by general terms is misleading unless at the time the advertisement
is placed at least one unit meeting the description of the unit contained
in the advertisement is available through the locator at the lowest
rent stated in the advertisement within either a time stated in the
advertisement or within 30 days after the advertisement is submitted
for publication if no time is stated. Prior to offering a unit for
rent or lease, the locator also must also obtain the consent of the
unit's owner or of the owner's authorized agent.
(e) Advertising by locators must also comply with the
provisions of §1101.652(b)(23) of the Act and §535.154 of
this chapter.
(f) Failure to comply with this section is grounds
for the commission to reprimand a licensee, to suspend or revoke a
license, to take other disciplinary action, and/or to impose an administrative
penalty in accordance with §1101.701 of the Act.
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Source Note: The provisions of this §535.300 adopted to be effective April 1, 1996, 21 TexReg 1660; amended to be effective October 1, 1996, 21 TexReg 6235; amended to be effective May 27, 1998, 23 TexReg 5438; amended to be effective August 31, 2004, 29 TexReg 8300; amended to be effective January 1, 2011, 35 TexReg 11697; amended to be effective March 6, 2013, 38 TexReg 1364 |