(a)For the purposes of this section, an "advertisement" is a written or oral statement which induces or attempts to induce a member of the public to use the services of a real estate licensee. The term "advertisement" includes, but is not limited to all publications, radio or television broadcasts, all electronic media including E-mail and the Internet, business stationary, business cards, signs and billboards. The provisions of this section apply to all advertisements by a real estate licensee unless the context of a particular provision indicates that it is intended to apply to a specific form of advertisement. Provided, however, a communication from a licensee to a member of the public after the member of the public hassigned a written agreement [ agreed] for the licensee to provide services is not an advertisement for the purposes of this section (b) - (c)(No change.) (d)[If a broker advertises under an assumed name, and that assumed name] In any advertisement placed by a licensee that does not readily identify thelicensee [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 a real estate agent. (e)(No change.) (f)[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; provided, however, that] A [a] corporation or limited liability company licensed as a real estate broker may do business in the name in which it was chartered or registered by the Secretary of State. (g) - (j)(No change.) (k)An advertisement containing an offer to rebate to a principal a portion of a licensee's commission must disclose that payment of the rebate is subject to the consent of the party the licensee 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. If the advertisement offers, recommends or promotes the use of services of a real estate service provider other than the licensee and the licensee expects to receive compensation if a party uses those services, the advertisement must contain a disclosure that the licensee may receive compensation from the service provider.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 12, 2000
TRD-200003342 Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 25, 2000
For further information, please call: (512) 465-3900
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