“Advertising” means all forms of representation, promotion and solicitation disseminated in any many and by any means for any purpose related to professional real estate activity, including by mail, telephone, Internet, e-mail, electronic bulletin board, business cards, lawns signs and billboards
Advertising must be:
- Identifiable as advertising of a real estate licensee
- Be truthful and not deceptive or misleading
- Not state or imply that the real estate broker or property manager associated with a principal real estate broker is the person responsible for operating the real estate brokerage or is the principal broker.
- Not state or imply that the licensee is qualified or has a level of expertise other than as currently maintained by the licensee
- Be done only with the written permission of the property owner or owner’s agent
- Use the licensee’s licensed name or a common derivative of the licensee’s first name and the licensee’s licensed last name
- Licensed name or registered business name of the principal real estate broker or property manager must be prominently displayed and be conspicuous in all advertising
Real estate broker must:
- Submit proposed advertising to licensee’s principal broker for review and approval before public use
- Keep a record of principal broker’s approval and provide to real estate agency upon request
- Principal real estate broker is responsible for all advertising it approves and must review all advertising of the real estate broker or property manager associated with the principal real estate broker
- Principal real estate broker may delegate direct supervisory authority and responsibility for advertising originating in a branch office to the principal broker who manages the branch office if the delegation is in writing
- Licensee associated with a principal real estate broker may advertise property owned by the licensee for sale, exchange or lease option WITHOUT approval of the principal real estate broker if: (i) property is not listed for sale with the principal broker, and (ii) advertisement states that the property owner is a real estate licensee
- No advertising may guaranty future profits from any real estate activity
Licensee may use the term “team” or “group” to advertise if:
- Use of term does not constitute the unlawful use of a trade name and is not deceptively similar to a number under which any other person is doing business
- Team or group includes at least one real estate licensee
- Licensee members of the team or group are associated with the same principal broker or property manager
- Licensee members of the team or group use each licensee’s licensed name
- If any non-licensed individuals are named in the advertising, the advertising must clearly state which individuals are real estate licensees and which are not