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How to Protect Your Greatest
Asset: YOU!
Part I
Laura Sanders Fowler JD and J. Nevin Shaffer JD
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Dear Readers:
Whether you are an aspiring sales associate or a very experienced broker, the following words are for you. They are inspired by the actual examples of those who did not understand how to protect their most cherished assets: their good name, their reputation, and their carefully developed customer lists. The following remarks may surprise you, but if followed carefully they will reward you. Make sure you consider attending How to Market Successfully Without Getting Grieved, Sued or Indicted, next Thursday, April 24, 2008 at 1:00 P.M. at the Northwest Market Center if you really want to learn what you can do.
So what am I getting riled up over? Here is a sample of what we will cover in detail next week. If you can't attend, at least take a look at the following remarks and please look at the links. They are crucial, and concern areas where many agents continue to make mistakes.
There is one simple law that is controlling in most of your marketing and advertising. It is:
Texas Occupations Code Section 1101.652
With that said, if you read it line by line each and every time you start to create a sign to put in front of a home you just listed, or hire a web designer to create a new look for your personal website, or even print a flyer or mailer, you will be fine. If you don't, you will find yourself ending up with many other realtors, some of whom were quite experienced, who were caught and whose names now appear on the Texas Real Estate Commission Website's list of those who licenses were grieved, reprimanded, suspended, and/or revoked.
To fail to follow Texas Occupations Code Section 1101.652 constitutes deceptive advertising. In turn, the Texas Real Estate Commission may revoke your license. It is just that simple. And yet, each and every week, your author sadly reviews the beautiful advertisements that appear in glossy magazines like Great Austin Homes and The Real Estate Book . They are so beautiful and handsome... which helps draw the eye of the reader and the regulator to the images and text that do not comply with well-established law.
Ads that do not identify the broker are unlawful. Ads that do not use the word Realty or Realtor or Real Estate Agent are unlawful. Look at the Code if you aren't sure. Call TREC if you aren't sure. Call us! But do not use print ads that don't comply with this simply worded, well-established law.
Where does this come up? I am so glad you asked that question! No, TREC is not out there policing all of you; they simply don't have time. But your competitors that are mad because you are so much more successful than they are may anonymously turn you in. And more realistically, when you get sued, either for real reasons or for frivolous reasons (and there are plenty of the latter types of suits as well), noncompliance is something opposing counsel, who has sued you and sued Keller Williams Realty, can use to impeach you. “Since you don't even comply with well-established law that makes it deceptive to advertise in this fashion, why should a judge or jury think you are honest about anything else?” And so goes the deposition questions.
So bring all your questions and examples of all your competition's bad ads to our next presentation. It will be fun. There will be prizes. And we will make sure everyone leaves empowered to design marketing materials that won't get you sued, grieved or indicted!
Stay tuned on Thursday for Part II: Protecting Your Customer Lists and Business Information, with simple tips to safeguard your greatest asset: YOU.
Laura Fowler and THE FOWLER LAW FIRM P.C . are so grateful to so many of you who have helped to make our firm a success. The Fowler Law Firm P.C. is a full service law firm whose attorneys have many years of experience in the handling of real estate, family law, probate and estate, business formation and taxation. We never charge a client a fee or incur any expense until the client understands and agrees. In addition, we often counsel with your clients and friends and give them the information they need at no charge when we cannot truly be of service. For more information or to refer a matter to us please contact us at (512) 441-1411 or visit our website at www.thefowlerlawfirm.com .
If you would like to read the Printer Friendly version of this article, please CLICK HERE.
This information is provided by Laura S. Fowler JD and J. Nevin Shaffer JD, Attorneys at Law with The Fowler Law Firm PC. It is not intended as a substitute for careful review by legal counsel of your choosing. We would be most honored to assist you in your every real legal need.
Contact Laura Fowler at lfowler@thefowlerlawfirm.com
or call (512) 441-1411.
Contact J. Nevin Shaffer at nshaffer@thefowlerlawfirm.com
or call (512) 441-1411.
As with any legal issues, please consult your attorney with questions.
