Real Estate Advertising Rules & Guidance

Advertising Regulations

 

The Regulations and Guidelines for advertising as per the Arizona Department of Real Estate are as follows:

 

R4-28-502. Advertising by a Licensee (most recently updated 2011)

 

1. A salesperson or broker acting as an agent shall not advertise property in a manner that implies that no salesperson or broker is taking part in the offer for sale, lease, or exchange.

 

1. Any salesperson or broker advertising the salesperson’s or broker’s own property for sale, lease, or exchange shall disclose the salesperson’s or broker’s status as a salesperson or broker, and as the property owner by placing the words “owner/agent” in the advertisement.

 

1. A salesperson or broker shall ensure that all advertising contains accurate claims and representations, and fully states factual material relating to the information advertised. A salesperson or broker shall not misrepresent the facts or create misleading impressions.

 

1. A school shall include its name, address and telephone number in all advertising of department approved courses. The school owner, director, or administrator shall supervise all advertising. The school owner shall ensure that the school’s advertising is accurate.

 

1. A salesperson or broker shall ensure that all advertising identifies in a clear and prominent manner the employing broker’s legal name or the dba name contained on the employing broker’s license certificate.
2. A licensee who advertises property that is the subject of another person’s real estate employment agreement shall display the name of the listing broker in a clear and prominent manner.

 

1. The designated broker shall supervise all advertising, for real estate, cemetery, or membership camping brokerage services.

 

1. A licensee shall not use the term “acre,” either alone or modified, unless referring to an area of land representing 43,560 square feet.

 

1. Before placing or erecting a sign giving notice that specific property is being offered for sale, lease, rent, or exchange, a salesperson or broker shall secure the written consent of the property owner, and the sign shall be promptly removed upon request of the property owner.

 

1. The provisions of subsections (E) and (G) do not apply to advertising that does not refer to specific property.

 

1. Trade Names.

 

1. Any broker using a trade name owned by another person on signs displayed at the place of business shall place the broker’s name, as licensed by the Department on the signs;

 

2. The broker shall include the following legend, “Each (TRADE NAME or FRANCHISE) office is independently owned and operated,” or a similar legend approved by the

 

Commissioner in a manner to attract the attention of the public.

 

1. The use of an electronic medium, such as the Internet or web site technology, that targets residents of this state with the offering of a property interest or real estate brokerage services pertaining to property located in this state constitutes the dissemination of advertising as defined in A.R.S. § 32-2101(2).

 

***Also all advertising is subject to Federal Truth in Lending Law known as Regulation Z. Any reference in an ad regarding extension of credit such as payments or interest rate on a new loan shall follow guidelines of Regulation Z and include the Annual Percentage Rate (APR) term of loan and amount of loan.

 

ALL ADVERTISING, INTERNET, BLOGS, LANDING PAGES, SOCIAL MEDIA PAGES, etc., MUST BE REVIEWED BY AMBER VALENTINE BEFORE PUBLISHING. KELLER WILLIAMS REALTY PHOENIX SHALL NOT BE RESPONSIBLE FOR COSTS INCURRED BY AGENTS TO CORRECT AND/OR COMPLY WITH ADVERTISING GUIDELINES OF THE STATE LAWS OR THE CORPORATE IDENTITY GUIDELINES OF KELLER WILLIAMS REALTY PHOENIX.

 

ADDITIONAL ADVERTISING

 

GUIDELINES

 

The full name of Keller Williams Realty Phoenix must be in all advertising.

 

 

Your web site, blogs, landing pages, social media pages, email campaigns or the like MUST be submitted to Amber Valentine via email for review and approval.

 

 

Keller Williams Realty Phoenix does not allow co-advertising with affiliates.

 

Complaints to ADRE regarding this issue are forwarded to FTC prompting an inquiry and explanation.

 

 

Your business cards must include your office address and phone number.

 

You need a letter from the builder for permission to advertise their properties, or to use or take photos of their properties.

 

Commission rates cannot be advertised per your Broker.

 

Equal Housing logo or wording “Equal Housing Opportunity” needs to be displayed on all advertising larger than 3”x3”. (Minimum size of the Equal Housing Logo is ½”x ½”)

 

Keller Williams Realty Phoenix logo must be prominent (the one that looks like the United States).

 

As per Reg. Z, if the amount of down payment, term of loan, payment, interest rate or APR is mentioned then all must be disclosed.

 

As per Reg. Z, ARM ads require that “rates subject to increase after settlement” be included.

 

The Brokerage Logo/Broker Identification must be visible on all Internet landing pages without the need for moving the mouse.

 

Your attention to these advertising guidelines is mandatory.

 

As used in this policy REALTOR® shall refer to the principal Broker or a Broker standing in the shoes of the principal Broker. Agent shall mean a licensed real estate agent employed by or affiliated with the REALTOR®. Users shall mean individuals visiting the social media sites of Agents. Social Media as used in this policy shall apply to both activities at the agent’s web sites (e.g., blogging) and use of third party social media tools (e.g., Facebook, Twitter, LinkedIn, etc.). Because there already exist hundreds of different Social Media tools which may be utilized by agents and more are constantly being created, the provisions of this policy are to be interpreted generally to apply to the types of interaction the agent has with the social media service rather than to specific web sites and providers. Notwithstanding anything in this policy, it remains the responsibility of the Agent to comply with the requirements of local, state and federal law and the Code of Ethics of the National Association of REALTORS®.

 

The scope of this policy shall extend to all uses of social media in connection with the real estate business (use in connection with the real estate business would include any use in which the agent seeks to promote or capture real estate business from consumers or other agents). This policy is not intended to cover the activities of Agents falling completely outside the real estate business; however any conduct which reflects adversely upon broker or the brokerage may be reviewed under the terms of this policy.

 

Whenever identification is required by this policy it shall include the:

 

1. Name/Logo of brokerage
2. Name of broker
3. Address of the brokerage office with which the agent is affiliated
4. Phone number of the brokerage office
5. Name of the agent responsible for the web site
6. State of licensure
7. Agents affiliated with a team may also include the name of that team
8. Phone/Fax/E-mail of agent or team responsible for the web site

 

1. Any other requirements mandated by state law/regulation

 

1. Any additional brokerage identification requirements

Blogging

 

1. Agent shall be responsible for compliance with all laws and regulations governing real estate business including fair housing, antitrust and real estate license laws and regulations.

 

1. Where identification is required the same items of identification listed in the Internet policy shall apply or

 

2. The Agent shall be responsible for informing the REALTOR® (and obtaining approval) of any blogging site maintained by Agent and shall be provided with information necessary to subscribe to the blog

 

3. Terms of Use

 

1. REALTOR® is responsible for establishing the process for governance of the blog by posting terms of use for the blog.

 

1. Agent shall use the terms of use of the brokerage for blogs; or

 

1. Agent shall create terms of use and allow them to be reviewed by broker prior to launch of the blog

 

• Agent shall make the terms of use available to REALTOR® upon request.

1. The terms of use shall include:
   1. Users shall abide by any legal requirements related to the use of the blog and the site’s terms of use for the blog including specifically its privacy policy. Users shall be responsible for their conduct on site

 

1. Obtain clear authority from Users to utilize anything the User includes on the site

 

• Prohibit the unauthorized use of third party content or the posting of any unlawful or objectionable materials

 

1. Prohibit the use of the site to harass or stalk anyone
2. Prohibit the posting of content which infringes on the rights of any third party

 

1. Prohibit the posting of content which expresses a preference based upon an individual’s membership in a protected class

 

• Provide a take-down policy in the event any such materials are posted to the site
• Disclaim responsibility for any third party sites linked to through the site

 

1. Generally disclaim and limit any liability arising from the content of the site whether provided by Agent or a User

 

1. Provide a privacy policy consistent with that used by the brokerage

 

4. Agent shall not pay or provide anything of value to another party in consideration of comments placed on the blog. If Agent does allow comments to be posted in return for consideration, the fact that the commenter has received compensation shall be disclosed.

 

5. Identification

 

1. Agents shall identify themselves when establishing a blog in such a way that Users of the blog shall know the Agent’s name, their status as a real estate licensee and the name of the brokerage with which they are affiliated.

 

1. In any posting related to the brokerage, the Agent shall assure that the Agent’s relationship to the brokerage is clear so as to avoid violation of the FTC rules.

 

1. Agents shall not participate in the blog of another party without disclosing their identity and the brokerage with which they are affiliated.

 

6. Responsibility for Maintenance
7. All blogging must be monitored by agent for false / defamatory / demeaning / degrading comments at least once per day or require that comments must be approved by a site administrator who can review the comment or blog prior to publishing

 

1. Agent is responsible for removing or clarifying any comment if the agent knows that it is false or misleading

 

7. Agent is responsible for assuring that the content and operation of the blog conform to the standards established in the Code of Ethics

 

8. REALTOR® must be notified of any offer of compensation to the Agent for real estate related services communicated or established through the blog

 

Use of Third-Party Social Media Sites (Facebook, YouTube, Twitter, etc.)

 

There are hundreds of providers of social media services in which real estate agents may participate. The purpose of this policy is to provide guidelines intended to provide both agents and the brokerage with legal liability risk management and to protect the brokerage’s reputation and good will in the community. Like with blogging, the scope of this policy is intended to relate to use of social media in connection with the real estate business, but regardless of the social media service being used, when related to the real estate business the Agent should observe these guidelines.

 

Agents are required to read and be familiar with the policies and requirements of any site on which they participate and to comply with the requirements of that site. In particular, Agents should know the privacy practices and policies of the sites. Where options are provided, the

 

Agent shall / may select an option which provides a level of protection to Users of Agent’s social media site consistent with the level of protection afforded by the brokerage at the brokerage’s web site.

 

Agents should remain aware that items posted on social media sites may be forwarded or used for purposes other than originally intended. Agents should be aware of this when making decisions as to what to include on their social media sites.

 

Posting of Professional Contacts/Qualifications (e.g., LinkedIn)

 

1. Agent is responsible for assuring that any listing of qualifications, credentials or training contained on the site is current, accurate and not misleading. Any changes to the foregoing shall be promptly revised on the site.
2. Agent shall not falsely claim association with any person or group
3. Notwithstanding any provision herein, Agent remains responsible for complying with the license laws and regulations governing the conduct of licensees and all applicable local, state and federal laws.
4. Agent is responsible for assuring that the content conforms to the standards established in the Code of Ethics

 

Posting of Text (e.g., Facebook, Snapchat, Twitter)

 

1. All text shall be the Agent’s own and not plagiarized or copied from another party without that party’s permission. This shall not prohibit the use of reasonable quotations from the writings of others or writing for which the Agent has received permission to use or using writings consistent with the practices of the site (e.g., retweeting). No content which infringes the rights of any third party may be used.
2. Agent may write regarding the listings of other licensees within the brokerage
3. Agent may write regarding the listings of other brokerages
4. Agent shall assure that writings do not contain unauthorized disclosures of confidential information of clients, customers or REALTOR®
5. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics, local, state and federal laws and all applicable real estate license laws and regulations, including where necessary identifying Agent.

 

Posting of Comments to Social Media Pages of Others

 

1. Any statement regarding the brokerage shall clearly disclose the Agent’s relationship to the brokerage
2. The Agent shall disclose his/her status as a real estate professional as a part of any real estate related statement
3. Agent may not accept compensation for placing a comment on a site
4. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics, local, state and federal laws and all applicable real estate license laws and regulations, including where necessary identifying Agent.

 

Posting of photos (Flickr)

 

1. Agent is responsible for assuring that Agent is authorized to use any photo posted to the site (to avoid copyright issues).
2. Agent shall secure permission to post for marketing purposes the image of another person on the site.
3. If an image has been materially altered in any way by Agent, the fact that the image is altered shall be disclosed.
4. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics, local, state and federal laws and all applicable real estate license laws and regulations, including where necessary identifying Agent.

 

 

 

 

Posting of audio/video (YouTube)

 

1. Agent is responsible for assuring that Agent is authorized to use any audio/video posted to the site (to avoid copyright issues).
2. Agent shall secure permission to post for marketing purposes the image of another person on the site.
3. If an image has been altered in any way by Agent, the fact that the image is altered shall be disclosed.
4. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics and all applicable real estate license laws and regulations, including where necessary identifying Agent.