Legal FAQs for REALTORS®
Name of Firm and Broker in Advertisements
Is my Web site an advertisement? (updated Jan. 1, 2002)
Generally, yes. The Internet is a medium in which merchants, professionals, vendors, etc. place notices and information designed to call the matter to public attention. Most "commercial" Web Sites are designed to solicit and attract business.
My Web site is designed in such a way that persons accessing the site can communicate and transact business with my firm directly from the Web site. Is my site still considered an ad? (updated Jan. 1, 2002)
Generally, yes. It is the electronic transmission or e-mail that is the communication vehicle through which the business is conducted. The information on the Web site is an advertisement.
Must the name of my firm be included in a newspaper ad or on my Web site? What about my broker's name? (updated Jan. 7, 2010)
NAR's Code of Ethics requires that the name of the firm be included in advertisements of listed properties and on a REALTOR®'s Web site. It is prudent to include the name of the firm in all ads. Furthermore, TREC rules prohibit an advertisement that in any way implies that a salesperson is the person responsible for the operation of a real estate brokerage. The broker's name should also be included in any advertisement, including a REALTOR®'s Web site, to avoid violating this rule.
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