Advertising Laws for Realtors®

 

For questions or additional information, please contact the Florida Realtors® Legal Hotline at 407-438-1409

 

General

Ads for agents do not have to include a telephone number unless the brokerage office policy requires it.  However, the licensed name of the brokerage firm must appear in all real estate advertisements. (Rule 61J2-10.025, Florida Administrative Code) 

The licensed name of the brokerage firm is the full name that firm is registered under the Department of Business and Professional Regulation (DBPR).

 If an ad includes a licensee’s personal name, the person’s last name must appear as it is registered with the Florida Real Estate Commission. 

Ads may not include any fraudulent, false, deceptive or misleading information, and it must make clear that they are dealing with a real estate licensee. (61J2-10.025(1) and (2), Florida Administrative Code).

Teams

Agents must be in compliance with the team or group advertising rule (61J2-10.026 Team or Group Advertising) no later than July 1, 2019.

1) “Team or group advertising” shall mean a name or logo used by one or more real estate licensees who represent themselves to the public as a team or group. The team or group must perform licensed activities under the supervision of the same broker or brokerage.

(2) Each team or group shall file with the broker a designated licensee to be responsible for ensuring that the advertising is in compliance with chapter 475, Florida Statutes, and division 61J2, Florida Administrative Code.

(3) At least once monthly, the registered broker must maintain a current written record of each team’s or group’s members.

(4) Team or group names. Real estate team or group names may include the word “team” or “group” as part of the name. Real estate team or group names shall not include the following words:

(a) Agency (b) Associates (c) Brokerage (d) Brokers (e) Company (f) Corporation (g) Corp. (h) Inc. (i) LLC (j) LP, LLP or Partnership (k) Properties (l) Property (m) Real Estate (n) Realty (o) Or similar words suggesting the team or group is a separate real estate brokerage or company

(5) This rule applies to all advertising.

(6) In advertisements containing the team or group name, the team or group name shall not be in larger print than the name of the registered brokerage. All advertising must be in a manner in which reasonable persons would know they are dealing with a team or group.

(7) All advertisements must comply with these requirements no later than July 1, 2019.

Nothing in this rule shall relieve the broker of their legal obligations under chapter 475, Florida Statutes, and division 61J2, Florida Administrative Code.

Nicknames

Many agents use nicknames. If they wish to use a nickname in advertising, they should include it in quotation marks after their first name or first initial. For example: John “Johnny” Johnson or J. “Johnny” Johnson. Any time an agent’s name appears in an advertisement, it must use the last name as it is registered with the Florida Real Estate Commission. (61J2-10.025(2), Florida Administrative Code).

Internet

Internet ads and websites must display the brokerage company’s licensed name above, below or adjacent to the point of contact information. Point of contact information could be a brokerage or licensee’s mailing and/or physical addresses, email addresses and telephone, cell phone or fax numbers or any other means by which an individual would contact the brokerage or individual licensee. (Section 61J2-10.025(3)(a), Florida Administrative Code).

Rebates

A licensee may share brokerage compensation with a party to a transaction as long as full disclosure is given to all interested parties. Any advertising about this rebate must not be false, fraudulent, deceptive or misleading and should clarify any conditions or limitations that apply. (Florida Real Estate Commission (FREC) Rule 61J2-10.028(2) and 61J2-10.025)

Mailings

If an agent sends a mass mailing to all residents in a condominium complex, there is no need to include a disclaimer informing recipients who have already listed their property to ignore the advertisement. It is not an ethical violation for a Realtor to send a “general mailing … addressed to all prospects in a given geographical area,” even though some of the prospects may already be exclusively represented by other Realtors. (National Association of Realtors Code of Ethics Standard of Practice 16-2)

 

LEGAL DISCLAIMER:

This information is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform legal services on any subject matter. The content contains general information and may not reflect current legal developments or information. The information is not guaranteed to be correct, complete, current, or suitable. Broward, Palm Beaches & St. Lucie Realtors® (“Realtors®”) makes no warranty, expressed or implied, about the accuracy or reliability of the information in this program or materials. The materials may contain technical or typographical errors. Broward, Palm Beaches & St. Lucie Realtors® does not guarantee their accuracy, completeness, or suitability. Recipients of this information should not act or refrain from acting on the basis of any information without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Broward, Palm Beaches & St. Lucie Realtors® expressly disclaims all liability with respect to actions taken or not taken by the recipient based on any or all of the information in this program and materials. Communications with or fromBroward, Palm Beaches & St. Lucie Realtors® do not constitute or create an attorney-client relationship between any recipients. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. IN NO EVENT SHALL Broward, Palm Beaches & St. Lucie Realtors® BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATING TO THIS INFORMATION OR FOR ANY USE OF OR RELIANCE ON THIS INFORMATION.