Advertising FAQ
-
No.
The term REALTOR® cannot be used with descriptive words or phrases. Email addresses such as number1realtor.com, firstrealtor.org, realtorproperties.com, or txrealtorsarah.com are improper uses.
-
Yes, but only in connection with your personal name or firm name. The requirements to use punctuation, capital letters, and the registration symbol are not required for your website address. However, the term REALTOR® cannot be used with descriptive words or phrases. Domain names such as number1realtor.com, firstrealtor.org, or realtorproperties.com are improper uses. Domain names such as johndoerealtor.com or chiltepinrealtors.com are acceptable.
-
No. While the term may be used in connection with your personal name and firm name, that doesn’t extend to team names. Teams function as groups within a firm—and do not qualify for the use of the term REALTOR®, according to NAR.
Members who are part of a team can still use the term in connection with their personal name or firm name but not as part of it. Use punctuation to separate your name or firm name from the term REALTOR®: John Smith, REALTOR®.
-
You cannot use either company name because each implies that Sally, a sales agent, is in charge. An advertisement cannot in any way imply that a sales agent is the person responsible for the operation of a real estate brokerage. [TRELA §1101.652(b)(23) ]. A sales agent may use her name with the term “Team” or “Group,” so long as the advertisement also includes the broker’s name, and so long as the broker has registered the team or group name with the Commission.
-
All advertisements must comply with TRELA §1101.652(b)(23) and Rules 535.154 and 535.155.
Rule 535.155 requires each advertisement to include the following items in a readily noticeable location in the advertisement:
1. The name of the license holder or team placing the advertisement; and
2. The broker’s name in at least half the size of the largest contact information for any sales agent, associated broker, or team name contained in the advertisement.
Notes:
A broker’s name includes a broker’s assumed business name that has been registered with TREC.
Requirements for an assumed business name and team name are set out in Rule 535.154
There is no requirement that a phone number or email address included in an advertisement belong to the broker.
-
Yes. Before using it, the alternate name must be registered with TREC using the Notice of Alternate Name Used by a Sales Agent or Broker License. Last Updated March 26, 2018
-
TREC calls these alternate names. Before using them in your ads, you must register them with TREC. You do not need to register a name that is a common derivative of the name on your license, such as Bill for William.
-
Article 12 of the NAR Code of Ethics requires your firm and status as a real estate professional in all advertisements. According to NAR’s Professionalism in Real Estate Practice publication, “this may be accomplished by including the terms REALTOR®, REALTORS®, or by disclosing their status as a licensed broker, appraiser, property manager, or other real estate professional.” A professional standards hearing panel determines whether a REALTOR® has violated Article 12.
-
The required information—the license holder’s name or team name and the broker’s name—may be located on a separate page or on the account user profile page of the license holder as long as the account profile or separate page is readily accessible by a direct link from the social media or text. In addition, the license holder’s name or team name and the broker’s name must be readily noticeable on the account profile page or separate page that is linked.
-
Under Rules 535.154 and 535.155 (effective May 15, 2018), an advertisement is defined as “any form of communication by or on behalf of a license holder designed to attract the public to use real estate brokerage services and includes, but is not limited to, all publications, brochures, radio or television broadcasts, all electronic media including email, text messages, social media, the Internet, business stationery, business cards, displays, signs and billboards.“
An advertisement does not include a communication from a license holder to the license holder’s current client.
-
The following checklist of questions can help. While this list may not be comprehensive, it sets out many compliance issues.
1. Does the ad contain any misleading statements, or does it tend to create a misleading impression in any manner? It is prudent for someone who did not design the ad to scrutinize it for any potentially misleading statements. Keep in mind that the standard is not whether a statement is true, but whether the advertisement “tends to create a misleading impression.”
2. Does the ad contain the name of the real estate firm or broker? It should.
3. Does the ad identify the professional or license status of people in the ad? It might be prudent to identify the license status of all individuals and firms named in the ad, either specifically or globally. Use of the term REALTOR® is acceptable to identify this status.
4. Does the person causing the ad to be published have proper authority to publish or submit the advertisement?
5. Is the price quoted the price agreed upon by the owner?
6. If any service is offered “free of charge,” make sure that the service is not tied to or contingent upon any service for which the REALTOR® is to be compensated.
7. If any inducements are offered, does the ad fully describe the conditions for inducements?
8. Is any ownership interest in the property held by the REALTOR® disclosed?
9. If any loan information is advertised, does the ad comply with requirements of Regulation Z?
10. Does the ad inadvertently imply a limitation or preference to a protected class that could potentially violate fair housing laws?
11. Is the specific information related in the advertisement accurate?
-
TREC does not consider URLs or email addresses to be advertisements in and of themselves. However, an advertisement that contains a URL or email address of a sales agent that includes a title that implies responsibility for a brokerage violates TREC Rule 535.155(d)(4). Further, TREC will consider all advertisements in their entirety and if an email address or URL] makes the advertisement misleading or deceptive, it violates the law. [Rule 535.155(b)(4) and TRELA §1101.652(b)(23)]
-
TREC does not consider URLs or email addresses to be advertisements in and of themselves. However, an advertisement that contains a URL or email address of a sales agent that includes a title that implies responsibility for a brokerage violates TREC Rule 535.155(d)(4). Further, TREC will consider all advertisements in their entirety and if an email address or URL] makes the advertisement misleading or deceptive, it violates the law. [Rule 535.155(b)(4) and TRELA §1101.652(b)(23)]
-
Yes. If a sales agent’s name or team name is on a building sign, the broker’s name must also be present (in at least half the size). A broker’s name alone is okay. [Rule 535.155(b)(1)]
-
Yes, as long as the size of the broker’s name itself (not the whole logo) is at least ½ the size of the largest contact information. [Rule 535.155(b)(3)]
-
No.