| (a) A licensee should not utilize a copyrighted trade name unless the licensee has legal authority to use such trade name. (b) A broker must file an assumed name certificate with the commission if the broker transacts real estate business under a name other than the broker's legal name. (c) If a broker advertises under an assumed name, and that assumed name does not readily identify the broker as a real estate agent, the broker's advertisement must include an additional designation such as "agent," "broker," or a trade association name which serves clearly to identify the advertiser as real estate agent. (d) A listing may be solicited and accepted only in a broker's name. Advertisements concerning a broker's listings must include information identifying the advertiser as a real estate broker or agent. The name of a salesperson sponsored by the broker may also be included in the advertisement,
but in no case shall a broker or salesperson place an advertisement which contains only the salesperson's name or in any way implies that the salesperson is the person responsible for the operation of a real estate brokerage. (e) Where a business name includes the name of a licensed salesperson as well as a licensed broker, the broker's name should appear first to avoid the possibility that the public would be misled to believe that the salesperson is a broker. A licensee may not conduct business solely under the name of a real estate salesperson; provided, however, that a corporation licensed as a real estate broker may do business in the name in which it was incorporated by the Secretary of State. (f) A licensee's advertising must not cause a member of the public to believe that a person not authorized to conduct real estate brokerage is personally engaged in real estate brokerage, provided that an advertisement of a trade,
business, or assumed name does not constitute a holding out that a specific person is engaged in real estate brokerage. (g) An advertisement placed where it is likely to attract the attention of passing motorists or pedestrians must contain language that clearly and conspicuously identifies as a real estate broker or agent the person publishing the advertisement. Advertisements in which the required language is not clear and conspicuous shall be deemed by the commission to be deceptive and likely to mislead the public for the purposes of Texas Civil Statutes, Article 6573a (the Act), §15(a)(6)(P). The commission shall consider language as clear and conspicuous if it is in at least the same size of type or print as the largest telephone number in the advertisement, or it otherwise clearly and conspicuously identifies as a real estate broker or agent the person who published it. The commission shall consider advertisements not to be in compliance with this
subsection if the required language is in print or type so small that it cannot be easily read from the street or sidewalk. This subsection does not apply to signs placed on 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 provisions of the Act regarding advertising.
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| Source Note: The provisions of this §535.154 adopted to be effective January 1, 1976; amended to be effective March 22, 1978, 3 TexReg 823; amended to be effective February 1, 1980, 4 TexReg 4344; amended to be effective June 22, 1990, 15 TexReg 3336; amended to be effective February 8, 1991, 16 TexReg 462; amended to be effective January 1, 1997, 21 TexReg 10179; amended to be effective May 27, 1998, 23 TexReg 5437.
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