Rules for Advertisements
The purpose of advertising is to attract others to the services and products that you offer, your company, and yourself. In the real estate business, advertising includes all forms of representation, promotion, and solicitation relating to professional real estate activity including, but not limited to:
The next frame presents you with the text of this rule.
(1) As used in this rule, "advertising" and "advertisement" include all forms of representation, promotion and solicitation disseminated in any manner and by any means for any purpose related to professional real estate activity, including, without limitation, advertising by mail; telephone, cellular telephone, and telephonic advertising; the Internet, E-mail, electronic bulletin board and other similar electronic systems; and business cards, signs, lawn signs, and billboards.
(2) Advertising by a licensee, in process and in substance, must:
(a) Be identifiable as advertising of a real estate licensee;
(b) Be truthful and not deceptive or misleading;
(c) Not state or imply that the real estate broker or property manager associated with a principal real estate broker is the person responsible for operating the real estate brokerage or is a sole practitioner or principal broker;
(d) Not state or imply that the licensee is qualified or has a level of expertise other than as currently maintained by the licensee; and
(e) Be done only with the written permission of the property owner(s) or owner(s') authorized agent.
(3) Advertising that includes the licensee's name must:
(a) Use the licensee's licensed name; or
(b) Use a common derivative of the licensee's first name and the licensee's licensed last name.
(4) The licensed name or registered business name of the principal real estate broker, sole practitioner real estate broker, or property manager must be prominently displayed, immediately noticeable, and conspicuous in all advertising.
(5) Except as provided in section (8) of this rule, a real estate broker must:
(a) Submit proposed advertising to the licensee's principal broker for review and receive the principal broker's approval before publicly releasing any advertisement; and
(b) Keep a record of the principal broker's approval and make it available to the agency upon request.
(6) Except as provided in section (8) of this rule, a principal real estate broker:
(a) Is responsible for all advertising approved by the principal broker that states the principal real estate broker's licensed name or registered business name; and
(b) Must review all advertising of a real estate broker or a property manager who is associated with the principal real estate broker.
(7) A principal real estate broker may delegate direct supervisory authority and responsibility for advertising originating in a branch office to the principal broker who manages the branch office if such delegation is in writing.
(8) A licensee associated with a principal real estate broker may advertise property owned by the licensee for sale, exchange, or lease option without approval of the principal real estate broker, if:
(a) The property is not listed for sale, exchange, or lease option with the principal broker;
(b) The advertising states that the property owner is a real estate licensee; and
(c) The advertising complies with all applicable other applicable provisions of ORS chapter 696 and its implementing rules.
(9) Advertising in electronic media and by electronic communication, including but not limited to the Internet, web pages, E-mail, E-mail discussion groups, blogs, and bulletin boards is subject to the following requirements:
(a) Advertising must comply with all other requirements of this rule;
(b) Advertising by a licensee must include on its first page:
(A) The licensee's licensed name as required in section (3) of this rule;
(B) The licensed name or registered business name of the principal real estate broker, sole practitioner real estate broker, or property manager; and
(C) A statement that the licensee is licensed in the State of Oregon.
(c) Sponsored links, which are paid advertisements located on a search engine results page, are exempt from the requirements contained in subsection (b) of this section if the first page following the link complies with subsection (b).
(d) E-mail from a licensee is exempt from the requirements of subsection (b) of this section if the licensee's initial communication contained the information required by subsection (a).
(10) No advertising may guarantee future profits from any real estate activity.
(11) A licensee may use the term "team" or "group" to advertise if:
(a) The use of the term does not constitute the unlawful use of a trade name and is not deceptively similar to a name under which any other person is lawfully doing business;
(b) The team or group includes at least one real estate licensee;
(c) The licensee members of the team or group are associated with the same principal broker or property manager;
(d) The licensee members of the team or group use each licensee's licensed name as required under section (3) of this rule;
(e) If any non-licensed individuals are named in the advertising, the advertising must clearly state which individuals are real estate licensees and which ones are not; and
(f) The advertising complies with all other applicable provisions of ORS chapter 696 and its implementing rules.
Important Advertising Points
The following points should be noted about these advertising rules:
Real estate firms have agreements with each other to advertise each other's listings. Some of these agreements allow a licensee to display or advertise the listings of other licensees over the Internet according to the rules of the member's MLS, commonly referred to as Internet Data Exchange, or IDX. Before advertising properties listed by other licensees or their firms, licensees should check with their principal broker to make sure an IDX or other authorization agreement exists.
Internet Advertising and Building a Web Presence
The Oregon Real Estate Agency requires marketing by electronic media to include specific content not required for other types of advertising. Electronic media includes the internet, a web page, email, blog or bulletin board, and all forms of social media, including Facebook, Craigslist, LinkedIn, Twitter, Instagram and networking and real estate sites.
The internet is broadly used to communicate with others by email, to do research, for entertainment, and as a method to buy and sell goods. Having a good web presence helps to accomplish the following strategic objectives:
Internet advertising and postings are considered to be continuous and ongoing, unlike a one-time published ad in the print media. Because the real estate agency requires advertising to be current, licensees should continuously review their advertising and marketing information to make sure that it is current and not misleading. "Misleading" is often determined by the public's perception of your advertising, not by any specific set of rules.
When posting pictures, software programs to alter or enhance photographs should be used sparingly. Any enhancements to images should be limited to clarity and never be used to the point that the image could be considered a misleading. A misleading software enhancement is one that materially changes the appearance of the property, or changes or deletes a significant feature of the property or its surrounding area. Any enhancements to electronic images should be discussed with the principal broker.
Example: An image of a house located next to a large apartment building that is altered to remove the apartment building would probably be considered a misleading enhancement, but to change the sharpness or color saturation of the image probably wouldn't be considered misleading; rather it would be an alteration that is designed to enhance the clarity of the image.
The internet also provides the ability to transmit, display, and distribute information about properties listed by others on the advertising licensee's website or other electronic means. This transmission of information is permitted under the following circumstances:
Always get written permission of the property owner for a virtual tour and be sure to design the tour to protect the privacy of the client by advising the client to remove valuable objects before the tour is photographed.
The study of system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.