The rules for advertising on social media platforms are NOT exactly the same as the rules for putting a link to the IABS and CPN on a social media platform used as a business website because the requirements for each rule differ.

Rule 535.155, Advertisements

The One to Four Family Residential Contract (Resale), like many contracts, contains a “Notices” provision. In that TREC contract, the provision is in Paragraph 21. This needs to be filled out so the parties know where a notice should be sent or delivered to be effective. A license holder should remind their client how important this provision is and ensure, to the extent possible, that it gets filled out fully and accurately.

Definitions:

Broker Assumed Business Name (DBA) is another name for the broker’s business that can be used by all sponsored sales agents and brokers associated with this broker. Another name that indicates a broker’s line of business, e.g.  property management or commercial is also a DBA.

The effective date of the new rules is May 15, 2018, and we want to make sure everyone is thoroughly prepared for the changes.

Background

These rules are the result of years of work by the Commission and key stakeholders focusing on clarity of advertisements for consumers with the least restrictions on license holders. The rules also update, interpret and balance revised statutory requirements supporting free commerce and business competition with those protecting the consumer from misleading advertisements.

Texas Real Estate Commission adopted new advertising rules at its November meeting. These rules are effective as of May 15, 2018, which gives license holders 6 months to comply with the updated requirements.
§535.154 lays out alternate, assumed business and team name registration requirements and §535.155 lays out the revised advertising requirements. You can read both rules on our website.

Memorial Day was the last day of the 85^th Legislative session. Several bills were filed this session relating to the agency and its license holders but not all of those bills made it through the process.  Following is a summary of bills that passed both houses of the Legislature and have direct effect on license holders.

Section 535.228(a) of the Texas Administrative Code (Foundations) requires an inspector to render a written opinion as to the performance of the foundation. Many inspectors understand this to mean one of two things; the foundation is either performing or it is not performing. But sometimes the inspector is unable to determine this with sufficient confidence.