TREC Advertising Rules for Real-Estate Lead Follow-Up
TREC Rule 535.155 treats texts and emails as ads. What your first touch to a new real-estate lead must show, and what to avoid.
The short answer
If you buy exclusive real-estate leads in Texas, your first text, email, or social message to a new lead can count as an advertisement under TREC rules. 22 TAC §535.155 defines advertisements to include "all electronic media including email, text messages, social media." The only carve-out is communication with your current client, and a brand-new lead usually isn't one yet. Each advertisement needs, in a readily noticeable spot, the name of the license holder or team and the broker's name, at least half the size of the largest contact information for any agent or team in it. For texts and social media, that information can sit on a profile or page the message links to directly.
Name of the license holder or team placing the ad.
Broker's name, at least half the size of the largest contact information for any sales agent, associated broker, or team name in the ad. The broker's name can be its licensed name, a registered alternate name, or a registered assumed business name.
"Contact information" is broad: name, phone, email, website, social handle, or scan code.
TREC's FAQ notes there's no requirement that the phone number or email belong to the broker.
Texts and social media: under §535.155(c), the required information can be on a separate page or the license holder's account profile if it's readily accessible by a direct link from the text or post and readily noticeable there.
Five follow-up mistakes the rule calls misleading
Section 535.155(d) lists ads that mislead or are likely to deceive. These five come up most in lead follow-up:
Value claims without support (d)(11). "Your home is worth $X" in a first text is an advertisement about a property's value. The rule bans it unless it's based on a disclosed appraisal available on request, or given in compliance with §535.17. Offer to prepare a comparative analysis instead of quoting a number cold.
A team name that sounds like a brokerage (d)(5). Team names can't use terms like "brokerage," "company," or "associates" that imply independence from the sponsoring broker. TREC's FAQ adds that team names must end in "team" or "group" and be registered by the broker.
Titles that imply a sales agent runs the brokerage (d)(4). No "owner" or "CEO" in an agent's email signature, and no email or web address that implies it.
Unlicensed ISAs who don't say so (d)(9). If an unlicensed assistant's name or likeness appears, the ad must clearly disclose that the person isn't licensed.
Rebate offers without the required disclosure (d)(16). If you advertise a rebate, disclose that payment is subject to the consent of the party you represent.
A compliant first-touch checklist
Text or email signature: agent name, team name if any, and broker name, with the broker's name at least half the size of the largest contact info. Easiest in email; in texts, link to a compliant profile page.
Link to a profile or landing page that shows the broker's name prominently.
No unsupported home-value number in the opener.
Unlicensed team members identify themselves as unlicensed.
This is a summary of public TREC rules, not legal advice. Your sponsoring broker is responsible for advertising compliance, so check templates with them.
How TX Lead Forge fits in
Real-estate leads through TX Lead Forge are exclusive, and so are roofing leads. Automotive seller enquiries are competing offers: a seller may hear from more than one dealer, so contact them promptly and respectfully. Lead-quality issues are reviewed case by case; we don't invent refund or credit policies. Learn more about automotive leads.
Bottom line
A Texas agent's first text or email to a new real-estate lead is usually an advertisement under TREC Rule 535.155. Show the license holder or team name and the broker's name at the required size, or link directly to a profile that does. And don't open with an unsupported home value.