�ǿ��app�� - Articles

Rendering an Opinion of Foundation Performance: A Guide for Texas Inspectors

Michael Molloy — Tue, 29 Apr 2025 15:58:42 +0000

When an inspector licensed by the Texas Real Estate Commission (�ǿ��app��) is hired to inspect a property’s foundation, they are required to render a written opinion regarding the performance of that foundation. This obligation is established under Section 535.228(a) of the Texas Administrative Code, which governs inspection standards for foundations. This article outlines what inspectors should consider when forming that opinion, including key indicators of performance, factors affecting foundation stability, and professional responsibilities to the client.

Understanding Foundation Performance

To determine whether a foundation is performing as intended, an inspector must have a sound understanding of how foundations are designed to function. �ǿ��app�� encourages inspectors to pursue approved continuing education courses to supplement their knowledge and stay current with industry standards.

What Does “Performing�� Mean?

Under Section 535.227(b)(8), “performance�� refers to “achievement of an operation, function or configuration relative to accepted industry standard practices with consideration of age and normal wear and tear from ordinary use.�� In practical terms, a residential foundation is considered to be performing when it remains reasonably flat and level, with no signs of excessive movement that might compromise the structure.

Foundation Movement: Normal vs. Problematic, Uniform vs. Differential Settlement

Some movement over time is normal, particularly in areas like Texas where clay soils dominate. Clay soil expands and contracts with changes in moisture levels, which can cause the foundation to settle.

Uniform settlement occurs when the entire foundation settles evenly. This type of movement is generally not harmful and maintains structural stability.
Differential settlement, however, occurs when one part of the foundation settles more than another. This uneven movement can lead to structural damage, including cracks and misalignment.

Common Causes of Differential Movement

Several factors can negatively affect the performance of a foundation:

Moisture level fluctuations in the soil.
Poor drainage or plumbing leaks.
Loss of soil compaction.
Tree roots or large plants near the foundation.
Improper or negligent construction.
Soil erosion, flooding, or natural disasters.

Indicators of Adverse Performance

�ǿ��app�� inspectors must rely on visual inspection only to form their opinion. According to Section 535.228(a)(1), inspectors are required to generally report present and visible indications used in rendering an opinion of adverse performance. These may include:

Doors that bind, don’t latch, or are out-of-square.
Framing or frieze board separations.
Sloping floors.
Cracks or separations in walls, ceilings, or floors.
Buckling or cracking of masonry cladding.

What Tools Are (and Aren’t) Required?

�ǿ��app�� inspectors are not required to:

use specialized equipment (e.g., thermal imaging, ground-penetrating radar, elevation measurement tools).
perform load tests, vibration tests, or deflection measurements.

However, inspectors may use such tools or perform more advanced evaluations if they possess the necessary competency, as allowed by Section 535.227(a)(4). Any such additional services must go beyond the minimum standards set by �ǿ��app��.

Protecting the Client’s Interests

Regardless of whether the foundation is determined to be performing or not, the inspector should always report any visible signs of potential adverse performance. This ensures the client is fully informed and can make a more educated decision about the property—whether to accept it as-is, negotiate repairs, or request a specialist evaluation.

According to Section 535.220(b)(1), inspectors must “protect and promote the interest of the client to the best of the inspector's ability and knowledge.�� By documenting and disclosing concerns, inspectors uphold the trust their clients place in them.

The Bottom Line

Foundation inspections are a critical component of the home-buying process. While inspectors are not expected to be structural engineers, they play a vital role in identifying visible warning signs and informing clients of the foundation’s current condition. For more detailed guidance, inspectors can consult:

These resources are available through the Texas Real Estate Commission’s website and provide further insight into the responsibilities and best practices for rendering foundation performance opinions.

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What You Need to Know to Comply With Our Social Media Rules

Christine Anderson — Wed, 12 Sep 2018 21:17:31 +0000

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

For an advertisement on social media or by text, the information required (license holder’s or team name and broker’s name in at least half the size of the largest contact information) may be located on a separate page or on the account user profile page of the license holder or team, if the separate page or account user profile is:

readily accessible by a direct link from the social media or text advertisement; and
readily noticeable on the separate page or in the account user profile

Rules 531.18, Consumer Protection Notice (CPN) and 531.20, Information About Brokerage Services (IABS)

For purposes of providing the required link to the CPN and completed IABS when a social media platform is being used as a business website, the link may be located on:

the account user profile; or
a separate page or website through a direct link from the social media platform or account user profile page.

Need More Help? We hosted a Facebook LIVE session last month and we talked about all things, advertising, IABS posting, and social media. Here is the full video:

For your convenience, we have also posted the full presentation with examples on our website as well!

Published September 2018

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Make Sure Paragraph 21 is Filled Out

Christine Anderson — Thu, 16 Aug 2018 20:15:55 +0000

The One to Four Family Residential Contract (Resale), like many contracts, contains a “Notices�� provision. In that �ǿ��app�� 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.

The One to Four Family Residential Contract (Resale), as well as many other �ǿ��app�� contracts and forms, are here.

Published August 2018

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What’s in a Name? Advertising Name Types under �ǿ��app�� Rule 535.154

Christine Anderson — Fri, 20 Apr 2018 16:18:16 +0000

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.

Team Name is a name used only by a team or group of one or more sponsored sales agents or brokers associated with this broker. Team names must end in “team�� or “group�� and cannot contain the words “brokerage��, “company��, or “associates�� or other similar terms.

Alternate Name is a name used by an individual license holder other than the name on the individual’s license, such as a middle name, married name, maiden name or nickname.

Fun Facts to Know:

You must have the legal authority to use an assumed business name in the State of Texas before you can register the name with �ǿ��app��.
An individual broker can have an assumed business name.
There is no provision under �ǿ��app�� Rules for a sales agent to have an individual assumed business name or “brand name”�� any such name falls under the definition of team name and must meet those requirements.
Nothing in �ǿ��app�� Rules prohibits a broker from using the word “team�� or “group�� anywhere in a broker’s licensed or assumed business name.
A name used by an associated broker working under another broker that is not the associated broker’s licensed name must be a team name or alternate name.
All three name types must be registered with �ǿ��app�� BEFORE you start to use them in advertisements.

How Do You Know Which Type of Name It Is?

Start by looking at the definitions. Then ask yourself these “check�� questions��:

Check Questions for Assumed Business Name:

a. Do you have legal authority to use this name in the State of Texas?

NO –you cannot register it as an assumed business name.

YES - you can register it as an assumed business name as long as you can answer “yes�� to b. or c below.

b. Is the name available for use by any sponsored sales agent or associated broker?

YES �� you can register it as an assumed name

NO �� it is likely a team name and must meet all requirements for team names.

c. Is this name used to identify a different line of business under the broker that is available for use by any sales agent or associated broker that the broker deems qualified to engage in that line of business (e.g. property management)?

YES- you can register it as an assumed business name

NO - it is likely a team name and must meet all requirements for team names.

Check Questions for Team Name:

a. Is this name for use only by a small group of license holders within the brokerage?

YES �� it is team name and must meet the team name requirements.

NO �� it cannot be used unless it is an assumed name (see check questions above)

b. Is this name for use only by one person and it is not their licensed name or an alternate name?

YES �� it is team name and must meet the team name requirements.

NO �� It cannot be used unless it is an alternate name (see check question below).

Check Questions for Alternate Name:

a. Is this name for use for just you but is not the first or last name on your license?

YES �� This is an Alternate Name.

NO �� this is likely a team name (see check questions above)

b. Is this a common name for your licensed name, such as Kim for Kimberly or Bill for William?

YES �� you do not need to register this name with �ǿ��app��

NO �� you need to register this name with �ǿ��app��

c. Is the last name that will be used the same as the last name on your license?

YES �� Simply fill out the �ǿ��app�� Alternate Name form, sign it and send to �ǿ��app��.

NO �� In addition to the �ǿ��app�� Alternate Name form, you must submit supporting legal documentation to �ǿ��app�� to be able to use this alternate name in advertising.

Team Name Requirements and Restrictions:

a. Name must end with “team�� or “group��.

b. Cannot use words that could mislead the public to mistake a team for a brokerage.

Prohibited words: Brokerage, Company, Associates or similar words

Acceptable words: Property, Real Estate, Homes, Realty

Who Registers Each Type of Name?

Assumed Business Name: Broker

Team Name: Broker

Alternate Name: Individual License Holder

Published August 2018

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�ǿ��app��'s Advertising Rules - What You Need To Know

Christine Anderson — Tue, 12 Dec 2017 21:52:33 +0000

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.

A legislative change governing advertising for brokers and sales agents repealed a prior requirement that the advertiser be identified as a broker or agent in all advertising. But it also clarified that an advertisement is misleading if it fails to include the name of the broker or implies that a sales agent is responsible for the operation of a brokerage. It limited �ǿ��app��’s authority to adopt rules requiring the use of the term broker or agent, a reference to the Real Estate Commission, or a license number in advertisements. Note that license holders can still choose to use those terms in advertisements if they wish.

License holders can still choose to use “Broker��, “Agent��, “Licensed by the Texas Real Estate Commission�� or other similar terms in advertisements if they want.

Chapter 1101.652(b)(23) clearly states that license holder’s advertising cannot be misleading, cannot imply that a sales agent is the responsible party, and must include the name of the broker.

Chapter 1101.156(b), appropriately limits the commission from regulating certain forms, size or duration of advertising, personal appearance or voice, or the use of a registered assumed business name. Language was added to restrict the Commission from requiring the use of the term "broker," "agent," or a similar designation or term, a reference to the commission, or the person's license number in an advertisement.

�ǿ��app��’s Advertising Rules

Working closely with stakeholders and their representative professional association, the agency determined that the current advertising rule should be clarified to separate the requirements regarding names and their registration from the advertising requirements (§535.154 and §535.155).

�ǿ��app�� Rule §535.154 Registration and Use of Names

This rule defines an alternate name, associated broker, assumed business name and team name. Each type of name must be registered with �ǿ��app�� before the name can be used in an advertisement. This is a change from the existing rule. The most significant change concerns team names. A team name is not an assumed business name of the broker, and cannot contain terms that imply that the team is offering brokerage services independent of the broker. Team names must end with the terms “team�� or “group��.

�ǿ��app�� Rule §535.155 Advertisements

All license holders�� advertisements must include the license holder’s name or team name. It also must include 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.

Understanding that advertisements take many different forms today, the Commission revised the exception for social media to allow more flexibility. An advertisement on social media will comply with the rule as long as the license holder has linked from the advertisement to the account profile page or a separate page, and that page contains the required information for an advertisement..

An advertisement on social media will comply with the rule as long as the license holder has linked from the advertisement to the account profile page or a separate page, and that page contains the required information for an advertisement.

Subsection (d) �� 20 instances of advertisements that may mislead the public

This subsection lays out 20 ways a license holder may violate statutory advertisement requirements. Most of these were in the existing rule too. These examples are not the only ways a license holder’s advertisement can be misleading. Here are a few set out in the subsection:

Using a title, such as "owner", "president", "CEO", "COO", or another similar title, email or website address that implies a sales agent is responsible for the operation of a brokerage.
A team name with terms that imply the team is offering brokerage services independent from its sponsoring broker, including, but not limited to, “brokerage��, “company��, and “associates��.
An ad that contains the name of a sales agent whose name is, in whole or in part, used in a broker’s name and that implies that the sales agent is responsible for the operation of the brokerage
Including the value of a property, unless it is based on an appraisal that is disclosed and readily available upon request by a party or it is given in compliance with § 535.17 (required disclaimer for estimated worth or sales price)

SPECIAL NOTE: The Commission adopted an amendment to remove the term "REALTY" from the list of terms that would imply a team is acting independently of a sponsoring broker and accept the term "REALTY" when used in a TEAM NAME. The amendment became effective September 4, 2018.

Be sure to reference subsection (d) before placing an ad or ordering new signage to ensure your advertisements do not resemble any of the examples of misleading advertisement given in the rule.

The Gist

�ǿ��app�� knows there has been a lot of concerns and misinformation about advertising requirements. These new rules simplify requirements and ensure consumers know whom they are working with. We want to make sure we help you get into and stay in compliance with these new rules.

Be sure to stay ahead of the curve by reading the advertising rules in their entirety (here and here), share this infographic guide to the rules, review the video from our Facebook Live event and check out the full event slideshow and remember to check out our advertising FAQs on our website.

Published December 2017

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Do You Advertise Your Business? Read This!

Christine Anderson — Thu, 30 Nov 2017 17:45:10 +0000

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.

The Commission will soon provide a detailed article about the new rules on our website, including examples of do’s and don’ts, host a live online town hall on December 14th, and update advertising FAQ’s to reflect these changes.

To stay up to date on all of these events, be sure to sign up for our newsletter, and follow us on Facebook.

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2017 Legislative Update from �ǿ��app��

Christine Anderson — Thu, 01 Jun 2017 20:19:22 +0000

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.

Brokers and Sales Agents

SB 2212 (Hancock)

This bill amends Chapter 1101 of the Occupations Code to codify the recently adopted amendments to 22 TAC 535.5 and new rule 22 TAC 535.6 regarding equitable interests in real property. In the same manner as the rule, this statutory change clarifies that a person selling or offering to sell an option or assigning an interest in a contract to purchase real property is engaged in brokerage if they do not accurately disclose to potential buyers the nature of the interest offered. This bill also amends the Property Code to require the seller of an equitable interest, when selling or offering to sell an option or assigning an interest in a contract to purchase real property, to disclose the same to any potential buyer.

The bill makes changes to regulations governing advertising for brokers or sales agents, eliminating the current requirement that the advertiser be identified as a broker or agent in all advertising. However, it clarifies that an advertisement is misleading if it fails to include the name of the broker or implies that a sales agent is responsible for the operation of the brokerage. The bill also restricts any requirement for use of the term broker, agent, a reference to the Commission, or a license number in advertisements.

Effective date September 1, 2017. Signed by the Governor.

HB 890 (Geren)

This bill amends the Seller’s Disclosure to add a general notice that properties located near a military installation and may be affected by high noise or installation compatible use zones or other operations. The notice also directs the buyer to a local area study to provide more information.

Effective date September 1, 2017. Signed by the Governor.

Residential Service Companies (Home Warranties)

HB 2279 (Goldman)

This bill amends Chapter 1303 of the Occupations Code which governs the regulation of RSCs (aka home warranty companies). The bill amends the definition of a residential service contact to reflect current industry practices (such as partial indemnification under certain circumstances) and to provide additional clarity regarding the scope of �ǿ��app��’s regulatory authority over these contracts. The bill acknowledges the distinction between those RSCs which insure ALL of their outstanding risk through a third party insurance company and those that maintain a funded reserve. The bill simplifies certain regulatory requirements for fully insured RSCs and streamlines the contract and rate filing requirements for RSCs that are already licensed in Texas. The bill also enhances confidentiality provisions currently in statute and increases certain consumer protections.

Effective date January 1, 2018. Signed by the Governor.

Appraisal Managment Companies (AMCs)

SB 1516 (Hancock)

This is the AMC housekeeping bill. This bill amends Chapter 1104 of the Occupations Code to address recent changes in federal law regarding the regulation of AMCs, to provide consistency in terminology, and repeal certain outdated provisions. The bill also makes conforming changes to align Chapter 1104 with amendments made last session to Chapter 1103 of the Occupations Code.

Effective date September 1, 2017. Signed by the Governor.

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Help Us Name the New Online System

Sierra Pizarro — Wed, 04 Jun 2025 21:33:05 +0000

Help the Texas Real Estate Commission-Texas Appraiser Licensing and Certification Board (�ǿ��app��-TALCB) name its upcoming new licensing system. Staff is presenting four options. Now we need you to make the official pick:

Texas Real Estate Licensing System, TRELS
License Management System, LMS
Real Estate and Appraiser License Management Portal, REALM Portal
Online License Management System, OLMS

Read up on how the new system will benefit �ǿ��app�� and TALCB license holders. To prepare for system launch, �ǿ��app�� will handle carrying over your records. For a smoother process, staff suggest license holders renew their license or registration immediately upon receiving a renewal notice.

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Meet �ǿ��app��’s New Chair and Two Broker Members

Sierra Pizarro — Thu, 29 May 2025 20:53:22 +0000

The Texas Real Estate Commission (�ǿ��app��) welcomes two new commissioners and a new chair. Governor Greg Abbott appointed Mark Woodroof (pictured left) as chair. He also appointed J.B. Goodwin and Kristi Davis to the Commission with terms set to expire January 31, 2031. They were later confirmed by the Texas Senate.

Mark Woodroof

Woodroof, who has served on the Commission as a broker member since 2021, was appointed on May 6, 2025, to serve as chair.

He has held a �ǿ��app�� license since 1991. He is a managing partner of Better Homes and Gardens Real Estate Gary Greene in Houston and a member of the Real Estate Business Institute, the National Association of REALTORS®, the Texas REALTORS®, and the Houston Association of REALTORS®. Woodroof has also served in leadership positions for those associations.

He holds a Bachelor of Business Administration in Accounting from the University of Houston and a Master of Business Administration in Finance from the University of St. Thomas.

J.B. Goodwin

Goodwin is an Austin native and real estate broker and owner of JBGoodwin, REALTORS®. He is a member of the National Association of REALTORS®, Texas REALTORS®, and Austin Board of REALTORS®. He has served in leadership positions for those associations.

In addition, he is involved in many philanthropic efforts, including serving on the board of directors for the Brackenridge Hospital Foundation, Austin Symphony, Austin Chamber of Commerce, and committee service for the United Way and Austin Community College.

Goodwin holds a Bachelor of Business Administration in Finance from the University of Texas at Austin.

Kristi Davis

Davis, from Carrollton, is a real estate broker and vice president of sales and agent development at Berkshire Hathaway HomeServices PenFed Realty Texas. She is also president of the board of directors for the North Texas Real Estate Information Services, and member of the Texas Real Estate Research Center Advisory Committee and the Texas Real Estate Teachers Association.��

Davis holds a Bachelor of Arts in Journalism and Public Relations from the University of North Texas.

“I’m honored to be appointed by Governor Abbott to serve as a Commissioner for the Texas Real Estate Commission. It’s a privilege to contribute to the integrity and advancement of the real estate industry in our great state. I’m committed to upholding the trust placed in me and working collaboratively to support both the professionals in the field and the Texans they serve.��

Kristi Davis

Outgoing Commissioners

The Commission thanks and appreciates the service of public member Jason Hartgraves from Dallas, broker member Barbara Russell from Denton, and broker member and Chair R. Scott Kesner from El Paso. �ǿ��app�� staff is grateful for their contributions to Texas.

About �ǿ��app��

�ǿ��app�� is composed of nine members appointed by the Texas governor for six-year terms. Six members must be licensed real estate brokers, and three members must be members of the public who are not regulated by the Commission. To learn more about �ǿ��app��, click here.��

Meet the new commissioners at �ǿ��app��’s next meeting on Monday, August 11, 2025 at the agency’s headquarters in Austin. A live-streaming option will also be available at that link as the meeting date approaches.

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The San Antonio Roundup: Commissioners Sendoff, Comment on Proposed Rules

Sierra Pizarro — Thu, 08 May 2025 22:23:28 +0000

San Antonio hosted the Texas Real Estate Commission’s (�ǿ��app��) second quarterly meeting of 2025 on May 5. This also marks the Commission’s third out-of-Austin meeting: Traveling to “meet people where they are�� is an effort started by �ǿ��app�� Chair R. Scott Kesner in 2023.

In his opening remarks, Chair Kesner mentioned the departure of public member Jason Hartgraves from Dallas and broker member Barbara Russell from Denton. This meeting also marked the final one for Chair Kesner, a broker member from El Paso. All are pictured below in order standing with �ǿ��app�� Executive Director Chelsea Buchholtz.

She expressed appreciation for their service to the agency and industry:

“Scott Kesner delivered with flying colors, and he did so with kindness and with strength. He led this commission to a place in which we can all be proud. Scott led the charge on improvements to call hold times and enforcement case closure times and our improvements to required course offerings, just to name a few. It has been a pleasure to work with you and for you.

Commissioner Hartgraves, I appreciate the unique hat you wear as a public member on the commission to protect and ensure transparency. You have a keen eye for the consumer and have asked great questions that have made me think. Thank you for the time you have put into making us better, and for your contributions to our work.

Commissioner Russell, your contributions to the good work of the Texas Real Estate Research Center at Texas A&M has made a difference in your devotion as a liaison to the Education Standards Advisory Committee. And personally, I have appreciated your encouragement as a fellow woman in leadership.

We will miss all three of you and are very grateful for your contribution to this work and to the great state of Texas.��

New Chair Appointed, More Appointments to Come

Commissioner Mark Woodroof, who has served as a broker member on the Commission since 2021, was appointed on May 6 by Governor Greg Abbott to serve as Commission chair. Governor Abbott also appointed two broker members: Kristi Davis of Carrollton and James B. “JB�� Goodwin of Austin, whose appointments are pending Senate Confirmation.

Proposed Changes You Can Comment On

The following were presented to Commissioners and are now formally proposed rule changes that you can provide feedback on through the online public comment tool. The earliest any proposed changes could be adopted is at the next Commission meeting in August.

The New License Management System

The bulk of the proposed rule changes are a result of the agency’s soon-to-launch license management system. It will allow users to provide the agency information entirely online, eliminating the need for paper forms and checks.

Student ID, Course Exam Proctoring

Proposed changes to 22 TAC Chapter 535 were introduced by the Education Standards Advisory Committee (ESAC) and Texas Real Estate Inspector Committee (TREIC). They allow for student identity verification to be done in various ways (such as with the use of technology) and help alleviate security concerns related to students�� personal data.

The changes also remove proctoring requirements for qualifying course exams and allow for a proctor in situations where a course is delivered through technology and there are more than 20 students at a remote site.

In addition to considering the removal of proctoring requirements, the proposed rule changes also remove the requirement that exams be closed book. The reasons for removing proctoring requirements include them being overly burdensome and unnecessary because the licensing exam is proctored.

For similar reasons, the proctoring requirement for inspector non-elective continuing education course exams for distance education is also up for removal.

Rule Review

Following the Commission’s quadrennial rule review, there are proposed changes to 22 TAC Chapter 537, which includes three forms. The changes to this chapter update or correct form reference numbering.

The quadrennial rule review is a requirement under state law that rules be evaluated to determine whether they are still needed or if changes should be made.

Under this review and in preparation for the new online system, amendments are also proposed for Chapter 543 (the chapter which deals with timeshares) for clarification and to provide notice that when submitting online payments, the Commission may collect a fee required by the Texas Department of Information Resources.

Review the proposed rule changes in their entirety beginning on page 76 of the meeting materials.

Meeting Materials

�ǿ��app��’s May 5, 2025, meeting recording and materials are online.

�ǿ��app�� will meet again on August 11, 2025, at its headquarters in Austin. Those meeting details are on �ǿ��app��'s website. As the meeting date approaches, its materials, agenda, and livestream link will be available on the same page.

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�ǿ�����app���� - Articles

Rendering an Opinion of Foundation Performance: A Guide for Texas Inspectors

Understanding Foundation Performance

What Does “Performing�� Mean?

Foundation Movement: Normal vs. Problematic, Uniform vs. Differential Settlement

Common Causes of Differential Movement

Indicators of Adverse Performance

What Tools Are (and Aren’t) Required?

Protecting the Client’s Interests

The Bottom Line

What You Need to Know to Comply With Our Social Media Rules

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

Rules 531.18, Consumer Protection Notice (CPN) and 531.20, Information About Brokerage Services (IABS)

Need More Help? We hosted a Facebook LIVE session last month and we talked about all things, advertising, IABS posting, and social media. Here is the full video:

For your convenience, we have also posted the full presentation with examples on our website as well!

Published September 2018

Make Sure Paragraph 21 is Filled Out

Published August 2018

What’s in a Name? Advertising Name Types under �ǿ�����app���� Rule 535.154

Definitions:

Fun Facts to Know:

How Do You Know Which Type of Name It Is?

Start by looking at the definitions. Then ask yourself these “check�� questions��:

Check Questions for Assumed Business Name:

a. Do you have legal authority to use this name in the State of Texas?

b. Is the name available for use by any sponsored sales agent or associated broker?

c. Is this name used to identify a different line of business under the broker that is available for use by any sales agent or associated broker that the broker deems qualified to engage in that line of business (e.g. property management)?

Check Questions for Team Name:

a. Is this name for use only by a small group of license holders within the brokerage?

b. Is this name for use only by one person and it is not their licensed name or an alternate name?

Check Questions for Alternate Name:

a. Is this name for use for just you but is not the first or last name on your license?

b. Is this a common name for your licensed name, such as Kim for Kimberly or Bill for William?

c. Is the last name that will be used the same as the last name on your license?

Team Name Requirements and Restrictions:

a. Name must end with “team�� or “group��.

b. Cannot use words that could mislead the public to mistake a team for a brokerage.

Who Registers Each Type of Name?

Published August 2018

�ǿ�����app����'s Advertising Rules - What You Need To Know

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

License holders can still choose to use “Broker��, “Agent��, “Licensed by the Texas Real Estate Commission�� or other similar terms in advertisements if they want.

�ǿ�����app����’s Advertising Rules

�ǿ�����app���� Rule §535.154 Registration and Use of Names

�ǿ�����app���� Rule §535.155 Advertisements

An advertisement on social media will comply with the rule as long as the license holder has linked from the advertisement to the account profile page or a separate page, and that page contains the required information for an advertisement.

Subsection (d) �� 20 instances of advertisements that may mislead the public

SPECIAL NOTE: The Commission adopted an amendment to remove the term "REALTY" from the list of terms that would imply a team is acting independently of a sponsoring broker and accept the term "REALTY" when used in a TEAM NAME. The amendment became effective September 4, 2018.

The Gist

Be sure to stay ahead of the curve by reading the advertising rules in their entirety (here and here), share this infographic guide to the rules, review the video from our Facebook Live event and check out the full event slideshow and remember to check out our advertising FAQs on our website.

Published December 2017

Do You Advertise Your Business? Read This!

2017 Legislative Update from �ǿ�����app����

Brokers and Sales Agents

SB 2212 (Hancock)

HB 890 (Geren)

Residential Service Companies (Home Warranties)

HB 2279 (Goldman)

Appraisal Managment Companies (AMCs)

SB 1516 (Hancock)

Help Us Name the New Online System

Meet �ǿ�����app����’s New Chair and Two Broker Members

Mark Woodroof

J.B. Goodwin

Kristi Davis

Outgoing Commissioners

About �ǿ�����app����

The San Antonio Roundup: Commissioners Sendoff, Comment on Proposed Rules

New Chair Appointed, More Appointments to Come

Proposed Changes You Can Comment On

The New License Management System

Student ID, Course Exam Proctoring

Rule Review

Meeting Materials

�ǿ��app�� - Articles

What’s in a Name? Advertising Name Types under �ǿ��app�� Rule 535.154

�ǿ��app��'s Advertising Rules - What You Need To Know

�ǿ��app��’s Advertising Rules

�ǿ��app�� Rule §535.154 Registration and Use of Names

�ǿ��app�� Rule §535.155 Advertisements

2017 Legislative Update from �ǿ��app��

Meet �ǿ��app��’s New Chair and Two Broker Members

About �ǿ��app��