It is already difficult for the public -- even other real estate agents and brokers -- to determine exactly who is responsible for the actions of agents. The Texas Real Estate Commission is making an effort to solve this by proposed new requirements and directives. In my opinion we owe this to the public.
The Texas Association of Realtors has filed an objection. It doesn't see any reason for the new rules.
This amazes me since I am confident I got nothing from TAR soliciting my opinion before they filed the objection. If I didn't get contacted, I'm reasonably sure most other members didn't either. TAR is wrong to act unilaterally on behalf of members.
The fact of the matter is, I'm highly opposed to TAR's position.
DRAFT OF THE NEW RULES
As part of a broad set of proposed rules published Sept. 10, 2010, the Texas Real Estate Commission proposed amendments to its advertising rules for real estate licensees that included the following new requirement:
22 TAC § 535.154(c) An advertisement placed by a salesperson acting on behalf of another or as a principal must contain language that clearly and conspicuously identifies the name and license number of the salesperson's sponsoring broker. An advertisement placed by a broker must include the broker's license number in a clear and conspicuous manner. The commission shall consider language as clear and conspicuous if it is in at least the same size of type or print as the largest telephone number or contact information in the advertisement. The commission shall consider advertisements not to be in compliance with this subsection if the required language is in print or type so small that it cannot be easily read from the street or sidewalk. The requirements of this subsection regarding a broker's name applies to salespersons' advertisements on or after July 1, 2011. The requirements regarding the broker's license number applies to all advertisements on or after Jan. 1, 2012.
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TAR'S LETTER OF OBJECTION
In a letter dated Oct. 12, 2010, the Texas Association of REALTORS® informed the commission of our opposition to the proposed advertising changes as follows:
The Texas Association of REALTORS® opposes adoption of proposed changes that would require salespersons and brokers to clearly and conspicuously include the broker's name and license number in all advertising placed by or on behalf of the licensee. This measure is overly burdensome and would have a negative financial impact to all licensees. The commission should look for other ways to ensure consumers are able to identify responsible brokers. Toward that end, the association supports the proposals requiring all entities to be licensed as well as the changes proposed to many of the standard contract forms that will add broker identification and contact information. We recommend the commission take necessary steps to ensure search capabilities on its Web site provide tools to allow consumers to easily determine the party responsible for a particular brokerage.
BILL CHERRY, REALTORS
DALLAS - PARK CITIES
SINCE 1964
214 503-8563
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