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(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 Texas Occupations Code, Chapter 1101 (the Act), §1101.002(6). For the purposes of this section, the term "advertisement" includes, but is not limited to advertising in printed form, signs, or advertising using radio, television or personal computers. (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 1-800-250-8732 or 512-465-3960). 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 the Act, §1101.652(b)(23) and §535.154 of this title (relating to Misleading Advertising). (f)Failure to comply with this section is grounds for the commission to reprimand a licensee, to suspend or revoke a license, or to impose an administrative penalty in accordance with the Act, §1101.757.
This agency hereby
certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 11, 2004
TRD-200405130 Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: August 31, 2004
Proposal publication date: June 25, 2004
For further information, please call: (512) 465-3900
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