Course Process
A broker is prohibited from placing any advertisement that is false or misleading. A broker is also responsible for ensuring his/her sales associates comply with the provisions of the license law regarding false and misleading advertising.
This applies to all types, methods, and vehicles of advertising, including but not limited to:
- newspapers
- fliers
- television
- radio
- internet (including websites and social media)
- billboards
- yard signs
- benches
Furthermore, it is unlawful for a broker to place an ad without indicating that the advertiser is a licensed real estate broker/agent.
All ads must contain the name of the brokerage firm
An ad that does not include the brokerage firm name is called a blind ad. Blind ads are not only unlawful, but they also subject the licensee to disciplinary action. Blind ads mislead the general public by lacking disclosure that the advertiser is a real estate licensee.
All advertising must be worded in such a manner that a reasonable person would know the ad was placed by a real estate licensee.
If the name of any contact person will appear within an ad, the ad must ALWAYS include the person’s surname. Ads with a contact person’s first name only are prohibited.
The licensee’s name must appear as it appears on his/her license and as it is registered with the DRE.
When advertising on the internet, the name of the brokerage firm must appear above, below, or adjacent to the name of the point of contact information.
The point of contact information means the method by which the brokerage firm or licensee may be contacted and includes any of the following:
- email address
- mailing address
- street address
- phone number
- fax number
Fair Housing
Real estate brokers are prohibited from making, printing, and publishing advertisements that state a preference, limitation, or discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin according to Section 804(c) of the Fair Housing Act.
The Act also requires that the real estate brokerage office display an equal opportunity poster, available from the Department of Housing and Urban Development (HUD).
This poster shows the equal housing logo and a statement pledging adherence to the Fair Housing Act.
Failure to display the poster may expose the broker to disciplinary action by the Real Estate Commission for violating the Fair Housing Act.