Trec Rule 535.155(D)(19)
The current rule has been divided into two rules to separate name and registration requirements from advertising requirements (§ 535.154 and § 535.155). Senate Bill 2212, passed in the 85th Parliament, amended the regulations governing advertising for brokers and sales agents, eliminating a centuries-old law requiring advertisers to be identified as a broker or agent throughout the advertisement. However, it specifies that an advertisement is misleading if it does not include the name of the broker or implies that a sales agent is responsible for the operation of a broker. The bill also restricted a TREC rule requiring the use of the term broker, agent, a reference to the Texas Real Estate Commission or a license number in ads. Keep in mind that licensees can always use these terms in advertisements if they wish. The Texas Real Estate Commission (TREC) recently adopted updated advertising rules. The effective date of the new rules is May 15, 2018, and we want to make sure everyone is well prepared for the changes. I am preparing an agricultural letter to ask for offers in a subdivision. What are the rules regarding a.
May 15 is the effective date of the Texas Real Estate Commission`s new advertising rules. If. These new rules are the result of years of work by the Commission and key stakeholders focused on clear advertising to consumers with the least restrictions on licensees. The rules also interpret and balance revised legal requirements to promote free trade and commercial competition with those that protect the consumer from misleading advertising. Recognising that advertising today takes many different forms, the Commission has revised the social media exception to allow for greater flexibility. A social media ad will comply with the rule as long as the licensee has linked the required information in the account profile or the information is easily accessible via a direct link in the ad. This rule defines the other name, the associate broker, the name of the assumed company and the name of the team. Each type of name must be registered with TREC before it can be used in an advertisement. This is a change from the existing rule. The most important change concerns the names of the teams.
A team name is not an assumed business name of the broker and must not contain terms that imply that the team provides brokerage services independently of the broker. Team names must end with the words “team” or “group”. TREC knows that there have been many concerns and misinformation about advertising requirements. These new rules simplify requirements and ensure that consumers know who they are working with. We want to make sure we help you comply with and comply with these new rules. Be sure to refer to subsection (d) before running an ad or ordering new posters to make sure your ads don`t look like any of the misleading advertising examples usually given. Originally appeared on the Texas Real Estate Commission website and can be read entirely online on www.trec.texas.gov/article/trecs-advertising-rules-what-you-need-know. This subsection describes our 20 ways in which a licensee may violate legal advertising requirements. Most of them were also included in the existing rule. These examples are not the only ways in which a licensee`s advertising can be misleading. Here are some of them listed in the subsection: Can I use a nickname or middle name in my ad? TREC names these alternative names. In front of us.
Paragraph (d) – 20 cases of advertising likely to mislead the public Section 1101.156(b) further restricts the Commission from regulating certain forms of advertising, personal appearance or voice or the use of a registered adopted business name. New language has been added to this Act to also prevent the Commission from requiring the use of the terms “broker”, “agent” or a similar name or term, a reference to the Commission or the person`s licence number in a licensee`s advertisement. The Legal Topics Explained video series offers simple explanations of common legal issues in less than th. Directional signs are not considered advertising within the meaning of TREC §535.155(b)(1) and similar. Section 1101.652(b)(23) clearly states that the licensee`s advertising must not be misleading, must not imply that a commercial agent is the responsible party, and must include the name of the broker. All licensee announcements must include the name of the license owner or the name of the team. In addition, the broker`s name must be at least half the size of the most important contact information of a sales agent, associate broker, or team name included in the listing. . Agents sponsored by brokerage firms called to ask if they had the d. .
. .
Recent Comments