False Claims vs. Ambiguous Language

Because Texas state law applies to misleading claims of verifiable status, like saying you are the No. 1 salesperson in Houston, the accusation of false advertising can only be levied in very specific circumstances, which allows for a lot of marketing leeway.

The problem is especially prevalent online, where expansive, low-cost platforms allow for brokerages and agents on any budget to say pretty much whatever they’d like without much regulation.

Consider, again, the slew of brokerages in Houston who pepper the local industry with unqualified, often contradicting claims of greatness and leadership. Without contest, Mike Seder takes the legitimate spot as No. 1 in Houston. However, to an online reader who’s only just beginning their search for a real estate agent or brokerage to work with, the myriad claims of being No. 1 in Houston, leaders in technology, the best Realtor or some variation of vague aggrandizement can make the selection process confusing. For most, purchasing a home will be the largest investment they’ll ever make, which is why buyers who want to work with Realtors look for the best.

Whether the designations are inaccurate or simply confusing, each lends itself to further damaging the industry’s reputation of professionalism. But not all ads are misleading. Some brokerages are dedicated to maintaining integrity throughout their marketing campaigns.

Take, for instance, the Dale Ross Realty Group. Already a big name in the area, the Dale Ross group writes on its website that the brokerage is “consistently named as one of the top 20 real estate groups in Houston.” Without offering the distinction’s issuing body, the claim’s authenticity would remain questionable. However, by following up the statement with “In 2013, (the Dale Ross Realty Group) closed 159 homes totaling $42,924,621 in volume,” the brokerage effectively qualifies their claim, giving potential clients a tangible and verifiable figure to work with.