The Legal Eagle says... Make the Smart Moves
Ready to build or update a Web site? To stay on the right side of the law, brush up on the following advertising requirements, which apply to all forms of advertising, including advertising on the Internet:
- Advertisements must be in such a manner that a responsible person would know that he or she is dealing with a real estate licensee or brokerage. The Florida Real Estate Commission (FREC) has indicated in the past that this requirement is satisfied when one of the following criteria is included in the advertisement: the words “realty” or “real estate” form a part of the brokerage firm name; the advertisement includes the licensee’s Realtor® designation (i.e., Realtor or Realtor-Associate); and/or the brokerage firm name is virtually synonymous with real estate.
- Advertisements must not be fraudulent, false, deceptive or misleading.
- Advertisements must include the licensed name of the brokerage firm. Florida Administrative Code 10.025 states that when advertising on a Web site the brokerage firm name must be placed adjacent to or immediately above or below the point of contact information. Point of contact information, as outlined in the rule, refers to any means by which to contact the brokerage firm or individual licensee including mailing address(es), physical street address(es), e-mail address(es), telephone number(s) or facsimile telephone number(s).