(a)For the purposes of this section, an "advertisement" is a written or oral statement or communication by or on behalf of a license holder [licensee] which induces or attempts to induce a member of the public to use the services of the license holder [licensee] or service provider. The term "advertisement" includes, but is not limited to, all publications, radio or television broadcasts, all electronic media including email, text messages, social networking websites, and the Internet, business stationery, business cards, signs and billboards. The provisions of this section apply to all advertisements by or on behalf of a license holder [licensee] unless the context of a particular provision indicates that it is intended to apply to a specific form of advertisement. (b)The following information is not considered an advertisement or advertising: (1)a communication from a license holder [ licensee] to a member of the public after the member of the public agreed for the license holder [licensee] to provide services, provided the first communication from the license holder [licensee] contains the information required by this section; or (2)real estate information, including listings, available to the public on a license holder's [licensee's] website, extranet or similar site that is behind a firewall or similar filtering software which requires a password or registration to access that information. (c)An advertisement must clearly and conspicuously contain the name of the broker, either a business entity or an individual. For purposes of this section, the broker, or a salesperson sponsored by the broker, may use the broker's assumed name instead of the name in which the broker is licensed, if the assumed name is registered with the Commission [commission] under subsection (e) of this section. An advertisement may not contain an assumed name unless the [a] broker has registered that assumed name with the Commission [commission]. If the broker's name or its assumed name includes a salesperson's name, the advertisement must include another assumed name of the broker that does not include a salesperson's name, or the designated broker's [agent] name. (d)(No change.) (e)A broker, individually or as the designated broker, [officer, manager or partner] of a business entity licensed as a broker, shall notify the Commission [ commission] in writing not later than the 30th day [ within 30 days] after the date the broker, or a salesperson sponsored by the broker, starts or stops using an assumed name in business other than the name in which the person is licensed. (f)An advertisement placed by a license holder [ licensee] 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. (g) - (h)(No change.) (i)A license holder [licensee] may not use [utilize] a copyrighted trade name unless the license holder [licensee] has legal authority to use the name. (j)A real estate license holder [licensee ] placing an advertisement on the Internet, electronic bulletin board, or the like must include on each page on which the license holder's [licensee'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. (k)A real estate license holder [licensee ] 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 [licensee] 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. (l)(No change.) (m)An advertisement containing an offer to rebate a portion of a license holder's [licensee's] commission must disclose that payment of the rebate is subject to the consent of the party the license holder [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. (n)If an advertisement offers, recommends or promotes the use of services of a real estate service provider other than the license holder [licensee] and the license holder [ licensee] expects to receive compensation if a party uses those services, the advertisement must contain a disclosure that the license holder [licensee] may receive compensation from the service provider. (o)A license holder [licensee] may not advertise information regarding service providers that ranks the [such] providers unless the ranking is based on disclosed objective criteria. (p)A license holder [licensee] may not advertise that the license holder [such licensee] license holder [licensee] offers, sponsors, or conducts Commission [commission] approved courses in conjunction with an approved school or other approved organization unless the license holder [licensee] is approved by the Commission [ commission] to offer the [such] courses.
The agency certifies that legal counsel has reviewed
the proposal 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 25, 2014
TRD-201404045 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 5, 2014
For further information, please call: (512) 936-3092
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