According to the Texas Real Estate Commission (TREC), if you’re operating a Texas real estate brokerage office, several pieces of information must be posted at your principal office, other physical locations, and on your website.
Failure to abide by this law and others could prompt an investigation that may lead to the revocation of your real estate license or other unwanted penalties. Fortunately, the Texas real estate license defense attorneys at Bertolino LLP will provide you with information and representation to stay compliant with the law and protect your professional license.
What to Post in Your Real Estate Brokerage Office and on Your Website
According to the TREC Rules, as a licensed broker, you must provide a copy of the Consumer Protection Notice (CPN) in a noticeable location at each physical location you maintain. You must also have a link to the notice on the homepage of all your real estate business websites.
The link on your website must be visible to visitors and read “Texas Real Estate Commission Consumer Protection Notice” in at least 10-point font or “TREC Consumer Protection Notice” in at least 12-point font.
How the TREC Defines a Website
While it might seem obvious what a website is, it’s important to understand the TREC’s legal definition of a website. That’s because even the slightest misunderstanding could lead to a violation that jeopardizes your license.
To avoid risking your real estate broker license and livelihood, remember that TREC defines a business website as:
- One that is accessible to the public;
- A site that contains information about your real estate brokerage services; and
- A website that you have control of in terms of the content and information posted.
Posting the CPN on Social Media
TREC also has requirements for posting the CPN on your social media page. When doing so, make sure the link to the CPN is located on your account profile or a page accessible through a direct link from your account profile or the social media platform.
What Is the Consumer Protection Notice?
Familiarizing yourself with the CPN is as important as knowing where it should be posted in your Texas real estate brokerage office. The CPN is a document that provides consumers with information to safeguard themselves against unlawful practices and take action against real estate agents who break the law.
Posting a copy of the CPN at your physical office and on your websites will give consumers the following pieces of information:
- How to check the status of a real estate licensee
- How to file a complaint against a real estate agent
- Information on the recovery funds that can be used to resolve a civil suit against a licensed broker
- Information on real estate inspectors’ liability and errors and omissions insurance
Other Steps You Can Take to Protect Your Real Estate Broker License
In addition to posting the CPN at your Texas real estate brokerage office, there are several other steps license holders like yourself can take to ensure legal compliance and avoid investigations and negative consequences.
Here’s what you can do to protect your real estate license:
Practice Full Disclosure
Texas Property Code Section § 5.008 requires a seller of certain residential real estate to disclose any past or current issues with a property or home to the purchaser. A full inspection of the property can ensure that any unnoticed issues are identified, giving clients the information they need to make an informed decision.
Research Your Clients
It’s common for potential homebuyers to research the real estate broker they plan to work with, but it’s just as important for brokers to learn about their clients. If you find that a current or prospective client seems unreasonable or discover they have a history of filing unnecessary complaints, you’ll want to avoid working with them.
Educate Yourself About the Law
Understanding the laws that govern your profession and real estate transactions can help you remain in good standing with relevant authorities. That said, some laws can be difficult to understand. To remain in compliance with regulations, like the rules for what must be posted in your Texas real estate brokerage office, consider consulting with an experienced attorney.
Bertolino LLP also provides a free legal education publication to keep you informed about changes in TREC rules and laws impacting your real estate license. Email [email protected] to sign up for this free, educational publication.
A seasoned attorney can answer questions about the TREC and its requirements. If you receive a complaint that you’ve violated the TREC’s rules, an attorney can help you respond to the complaint and defend you against potentially career-ending punishments.
Consequences You Could Face After a Violation
If a complaint has been filed against you, your career and status as a license holder could be on the line. To protect yourself from disciplinary action, you’ll want to work with a trusted real estate license defense attorney. They’ll work tirelessly to help you prevent the following outcomes:
- License suspension
- Probated suspension
- License revocation
- Remedial education
- Public reprimand
- Restitution
- License restrictions on your scope of practice
- Administrative penalties
Click to contact our professional license defense lawyers today
Protect Your License and Career With the Help of a Skilled Advocate
Now that you know more about what must be posted in every Texas real estate brokerage office, it’s time to consult with a license defense attorney. An attorney from Bertolino LLP can advise you on the laws your office must comply with, help you respond to complaints, and build a strong case for why you shouldn’t face penalties.
Contact our firm today to schedule a free consultation. We’ll schedule a meeting to answer your questions, determine if we can represent you, and explain all the laws and regulations that apply to your situation. We look forward to hearing from you soon.
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