Legal FAQ's
Code of Ethics
Q: I’m a real estate licensee, and I’d like to place a “For Sale by Owner” (FSBO) sign in my front yard to attract potential buyers and other real estate licensees. I’m not actually planning to sell my house; I just want to market my real estate services to anyone who sees my FSBO sign and calls me. Is this allowed?
A: No. Enticing potential buyers and other real estate licensees to call about your house, which you have no intention of selling, in an attempt to market your services is a violation of Article 12 of the Realtor® Code of Ethics, promulgated by the National Association of Realtors® (NAR) and adopted by the Florida Association of Realtors (FAR). Article 12 advises, in part, “Realtors shall be careful at all times to present a true picture in their advertising and representations to the public.” Check with your local Board or visit here for a copy of the Realtor Code of Ethics.
From a licensing law perspective, Section 475.25(1)(c), Florida Statutes, warns that licensees must not “advertise any property or services in a manner which is fraudulent, false, deceptive, or misleading in form or content,” and Rule 61J2-10.025, Florida Administrative Code, echoes this point. The Florida Real Estate Commission (FREC) may also be able to assert that this type of activity is dishonest dealing under Section 475.25(1)(b).
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