The Texas Real Estate Commission (TREC) is the state agency in charge of licensing and regulating various real estate professionals, including real estate inspectors. One primary function of TREC is to ensure that these professionals follow all relevant laws and rules. Violations of these laws or rules can lead to disciplinary proceedings and severe sanctions. As a result, all real estate inspectors must keep up to date with changes in the laws and rules that govern their profession, including those related to advertising.
If you are facing disciplinary proceedings resulting from allegations of real estate fraud, consulting a real estate inspector license defense lawyer to defend your license can be crucial. By enlisting a strong legal advocate from the outset of your case, you may be in a better position to reach a more positive resolution.
Professional Conduct and Ethics for Real Estate Inspectors
22 Tex. Admin. Code § 535.220 sets forth the general professional conduct and ethics for TREC-licensed real estate inspectors in Texas. This section imposes a duty of integrity on these professionals that goes beyond that of a person involved in ordinary commerce. While performing inspections, these professionals must maintain a high level of professionalism, independence, objectivity, and fairness. They also must work to safeguard the integrity, reputation, and practice of the home inspection profession.
One aspect of the professional conduct of real estate inspectors is to commit to pursuing increasing competence, fairness, education, and knowledge necessary to achieve public confidence in the profession. Maintaining professionalism, honesty, and accuracy in advertising is a core value of that duty.
Advertising Rules for Real Estate Inspectors
The advertising rules for real estate inspectors are found at 22 Tex. Admin. Code § 535.221. For the purposes of this section, advertisements refer to all communications by licensed real estate inspectors used to induce or attempt to induce the public to use their services. These communications include, but are not limited to, inspection reports, business cards, invoices, signs, brochures, email, the Internet, electronic transmissions, text messages, purchased telephone directory displays, newspaper ads, radio ads, and television ads.
Business Names and Assumed Business Names
All advertisements that a real estate inspector creates or causes to create must contain the name or the assumed business name of the license holder. An assumed business name or DBA is any name that the inspector uses for business purposes other than what is shown on the inspector’s license. They also must contain the license holder’s license number.
If the person is licensed as a real estate inspector or an apprentice inspector, the advertisements also must contain the following:
- The name or assumed name of the person’s sponsoring professional inspector; and
- A statement indicating that the person is sponsored by that professional inspector.
An inspector or apprentice inspector shall notify TREC in writing within 30 days after the inspector starts or stops using a name in business other than the name in which the inspector is licensed. It is insufficient to register an assumed business name with the Secretary of State. The inspector also must notify TREC when using an assumed business name to be compliant with this rule, not just the Secretary of State.
Furthermore, one notification of assumed business name is not enough to cover all the employees of an inspection firm. Any inspector employed by that firm must have the firm’s permission to register the assumed business name under their license number with TREC during their term of employment. After their termination of employment, the former employee then will have 30 days to notify TREC that they are no longer employed by the inspection firm, and thus no longer using the assumed business name.
Websites
Any websites containing advertising by one or more inspectors also must contain the license number of each licensed person whose name or assumed business name appears on the website. If the website belongs to the inspector or inspection company, the license number(s) may appear on a single prominent page, such as the main or “About Us” page. Likewise, on social networking websites, including those that allow license holders to transmit electronic messages to other site members, the license number(s) may appear on the inspector’s main or profile page.
Potential Consequences for Violating Advertising Rules
If TREC-licensed real estate inspectors violate any of the laws that relate to advertising or engage in false or misleading advertising, TREC may take disciplinary action against them. Under these circumstances, TREC has the authority to issue a reprimand or suspend or revoke the real estate inspector’s license.
We Will Represent Your Interests in Your Disciplinary Proceedings Before the TREC
We know how important it is for you to maintain your real estate inspection license and work in your chosen field. All too often, a simple misstep or oversight can lead to disciplinary proceedings and unwanted sanctions, which can threaten your license and career. The experienced real estate inspector license defense attorneys at Bertolino, LLP, will advocate to help you protect your rights throughout any disciplinary proceedings. Together, we will work to develop the defense strategy that is best calculated to maintain your license and professional future. Call us at (512) 515-9518 or contact us online.
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