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Estate agent or real-estate broker · Texas

Website advertising rules for estate agents and real-estate brokers in Texas

Estate agents and real-estate brokers answer to their regulator's advertising and conduct rules as well as to privacy law. This is what Texas Real Estate Commission rule 22 TAC §535.155 (advertising) means for your website: testimonials, claims, fees, titles and the details you must show. It applies only to sites of that profession, and only where you are licensed. For the general laws every site in Texas must follow, see Texas's laws.

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Texas Real Estate Commission rule 22 TAC §535.155 (advertising)

Adopted 1 Dec 2017, effective 15 May 2018; amended 31 Aug 2018 (effective 4 Sep 2018).

Who it covers: Texas-licensed brokers and sales agents. Set by the Texas Real Estate Commission.

What it requires of a website or app (10)

  • Every advertisement, including email, text, social media and the internet, shows readably the name of the licence holder or team placing it; on social media the information may sit on a directly linked profileAI review§535.155(a)(1), (c)
  • The broker's name appears in at least half the size of the largest contact information for any agent, associate broker or team name (if the site names agents or teams)AI review§535.155(a)(2), (b)(3)-(4)
  • Do not call a sales agent a "broker", use titles such as owner, president or CEO that imply the agent runs the brokerage, or put "brokerage", "company" or "associates" in a team nameAI review§535.155(d)(3)-(5)
  • Unlicensed people named or pictured are clearly disclosed as unlicensedAI review§535.155(d)(9)
  • Property value statements rest on a disclosed, available appraisalAI review§535.155(d)(11)
  • Do not advertise another broker's exclusive listing without permission and without naming the listing brokerAI review§535.155(d)(13)
  • Listings are taken down within 10 days after they end, and sold listings still shown 10 or more days after closing show their statusAI review§535.155(d)(14)-(15)
  • Rebate offers say payment is subject to the represented party's consent and any lender or third-party restrictions (if the site mentions rebates)AI review§535.155(d)(16)-(17)
  • Promotion of referral or affiliated services discloses possible compensationAI review§535.155(d)(18)
  • Rankings ("top agent", "#1") are used only with objective, disclosed criteriaAI review§535.155(d)(19)

Sources:22 TAC §535.155 (Cornell LII)

Rules for estate agents and real-estate brokers in other markets

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A plain-language summary of what each law requires of a website or app, from the SafeLaunch rulebook, with the provision and official sources. It is not legal advice and not every duty in each law is listed.