New Advertising Guidelines for 2014

1. THE NEW N.Y.S. ADVERTISING
GUIDELINES
Restructuring your
Real Estate Brokerage
Advertising
Campaigns
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2. Overview of the Guidelines
• The Advertising Guidelines were just adopted by the N.Y.
D.O.S. Real Estate Board on April 24, 2013. The DOS is
charged with assuring Licensee’s do not promulgate
untruthful advertising or misrepresentations. These are the
agency’s rules as to how they enforce their statutory charge.
• Further General Business Law requires that all brokers
identify themselves as such in any and all advertisements
• The new guidelines will officially take effect of January 2,
2014.
• It is suggested that every licensed Real Estate Brokerage and
Licensee review their advertising and marketing materials
and strategies to assure compliance prior to 2014.
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3. The Basic Definitions:
Advertising & Advertisements
• Promotions or Solicitations related to licensed
real estate activity.
• Via mail, telephone, websites, email, electronic
bulletin boards, business cards, signage,
billboards, flyers and any other means.
• Shall not include commentary made by a
licensee not related to promoting licensed real
estate activity.
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4. The Basic Definitions:
Real Estate Team:
• Two or more persons.
• One of whom must be a licensed associate
broker or salesperson.
• All of whom are associated with the same
licensed broker or brokerage.
• Who hold themselves out to operate as a team.
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5. The Basic Definitions:
Logo:
• A graphic mark used to identify a real estate
broker, associate broker, salesperson or team
• Not a photograph of a licensee.
• That is used or contained in advertising.
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6. Placing Advertisements:
• Only a Real Estate Broker is permitted to place or
cause to be published advertisements related to
the sale or lease of property.
• Associate Brokers, Salesperson and Teams shall
only advertise properties listed by the Broker
with whom they are associated and only with the
Approval of that Broker.
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7. Authorization to Advertise
• No Property shall be advertised without the
authorization from the owner of the property
• No Broker may advertise a property that is the
subject of an exclusive listing held by another
broker without the listing brokers permission.
• Photographs of Property posted on a Broker’s
website may not be used or reproduced without
the written permission of the copyright holder.
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8. Content of Advertising:
Broker Name and Contact Info:
• Ads must indicate the advertiser is a real estate
broker or provide the name of the broker or
brokerage.
• Ads must also provide either (1) the full address
of the broker or brokerage, or (2) the telephone
number of the broker or brokerage
FLY BY NIGHT REALTY
1313 Mockingbird Lane
Munsterville, NY 00000
Real Estate Broker
(666) 555-1212
or
FLY BY NIGHT REALTY
(666) 555-1212
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9. Content of Advertising:
Names of Associated Licensees
• May be included but where included the full
name of the Broker or Brokerage must be in the
Advertisement.
Vladimir Dracula
Lic. Assoc. Real Est. Broker
FLY BY NIGHT REALTY
1313 Mockingbird Lane
Munsterville, NY 00000
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10. Content of Advertising:
Nicknames of Licensees
• Full Names must be used as licensed with D.O.S.
• Nicknames may be included so long as the full
name is listed clearly and conspicuously
Vladimir “The Count” Dracula
Lic. Assoc. Real Est. Broker
FLY BY NIGHT REALTY
1313 Mockingbird Lane
Munsterville, NY 00000
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11. Content of Advertising:
License Types
• With the Exception of some Classifieds, Ads must
state the type of license held by the licensee named.
• Licensees may abbreviate the License Type so long
as the same is not misleading
• Use of titles like “sales associate”, “licensed sales
agent”, “broker” is prohibited
• Licensees with additional titles and designations are
permitted to advertise the same. However be
careful of recent DOS Opinions regarding Corporate
Titles utilized only for Marketing Purposes.
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12. Content of Advertising:
Contact Information:
• An Associate Broker, Salesperson
or Team may provide additional
contact info in an advertisement.
• Home Offices may be used if
properly registered with the NYS
DOS
• Licensees may provide telephone
numbers beside that of brokerage
office as long as the ad clearly
identifies the type of number
(desk, cell, home, etc..)
Vladimir “the Count” Dracula
Lic. Assoc. Real. Est. Broker
(666)333-1212 (Cellular)
13 Carfax Abbey Court
Transylvania, NY 00000
FLY BY NIGHT REALTY
1313 Mockingbird Lane
Munsterville, NY 00000
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13. Content of Advertising:
Individual and Team Logos
• Teams, Associate
Brokers and
Salesperson may use
different logos from
their broker or
brokerage so long as
the broker or
brokerages logo is
also in the
advertisement
Vladimir “the Count” Dracula
Lic. Assoc. Real. Est. Broker
(666)333-1212 (Cellular)
13 Carfax Abbey Court
Transylvania, NY 00000
FLY BY NIGHT REALTY
1313 Mockingbird Lane
Munsterville, NY 00000
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14. Content of Advertising:
Property Descriptions
• Must be Honest and Accurate
• Any reference to property as with the vicinity of
a territory or geographic area must include the
actual geographical location where property is
located.
• Licensees may not use a name to describe an
area that would be misleading to the public.
• NO AD MAY GUARANTEE FUTURE PROFITS
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15. Type Of Advertising:
Classified Ads:
• Classified Ads must identify that
Advertiser is a broker or
brokerage or provide the broker’s
name.
• Classified Ads may omit the
license type of any associate
broker or salesperson named.
• Classified Ads only apply to ads
in Classified sections of print
where the advertiser is paying by
the inch, word or line. (This does
not apply to Craigslist)
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16. Type Of Advertising:
Business Cards:
• Must Contain the business
address of the licensee.
The Address that appears
on your license.
• Must contain the name of
the Broker or Brokerage
• They must also contain the
telephone number for the
licensee or team.
Vladimir “the Count” Dracula
Lic. Assoc. Real. Est. Broker
(666)333-1212 (Cellular)
FLY BY NIGHT REALTY
1313 Mockingbird Lane
Munsterville, NY 00000
(666)
5551212
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17. Type Of Advertising:
Web Based Advertising
• Teams, Assoc. Brokers & Salespersons
may maintain websites so long as
authorized by their Broker and they
remain subject to the Broker’s
supervision.
• Every page of the Website must
include the information required
by the guidelines (ie. The name
and contact information for the
broker)
• The Homepage of the website
must contain a link to the webpage
of the Broker with whom they are
associated, unless the Broker does
not have a website
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18. Type Of Advertising:
Emails:
• Initial Email from a Real
Estate Broker, Assoc.
Broker, Salesperson or
Team to any “client or
potential client” shall
provide the information
provided in these rules.
• Such information can be
omitted from subsequent
email communications to
the same recipient
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19. Type Of Advertising:
For Sale Signs:
• On “For Sale” Signs,
unless otherwise
prohibited by local
laws, any property
listed by a broker
must be advertised
as such and any
signage must identify
the representative
broker or brokerage
FOR SALE
FLY BY NIGHT REALTY
Vladimir “the Count” Dracula
Lic. Assoc. Real. Est. Broker
(666)333-1212 (Cellular)
No requirement to have the Telephone
Number or Address of the Broker.
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20. Type Of Advertising:
Ads Referencing Property not
Listed with the Broker
• Any advertisement referencing or including a
property that is not listed with the advertising
broker or that was not sold by the advertising
broker shall display the following disclaimer
• “This advertisement does not suggest that the
broker has a listing in this property or properties
or that any property is currently available.”
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21. Type Of Advertising:
Ads Referencing Property not
Listed with the Broker
• These Advertisements shall not:
(i) Suggest, directly or
indirectly, that the
advertising broker was
involved in the
transaction. (i.e. listing
individual properties
recently sold by other
brokers)
(ii) Refer to property
currently listed with
another broker absent
consent provided by
subdivision (b)(2)(b).
(consent from the
exclusive listing
broker)
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22. Type Of Advertising:
Ads Referencing Property not
Listed with Broker (EXAMPLE)
Are you interested in buying a home in
THE VILLAS AT BLACK LAGOON
This beautifully desolate community offers numerous amenities and 1, 2, 3
and even 4 resting cell units to meet the needs of your coven, pack or
brood. Hurry, you will be dying to move right in!
FLY BY NIGHT REALTY
1313 Mockingbird Lane
Munsterville, NY 00000
Vladimir “the Count” Dracula
Lic. Assoc. Real. Est. Broker
(666)333-1212 (Cellular)
This advertisement does
not suggest that the
broker has a listing in this
property or properties or
that any property is
currently available.
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23. TEAMS:
Team Names:
• Team Names shall either:
(i) Include the full licensed name of the
real estate brokers, associate brokers or
salespersons who are part of said team.
(ii) If the names are not included, the team
name must be immediately followed by
“at/of [full name of the broker/brokerage]”
• Team names must use the term “team”, any use of terms
such as associate, realty or group is prohibited as is use of the name of an unlicensed individual. Any
advertisement naming unlicensed individuals must clearly and conspicuously state which individuals
are licensed and which ones are not.
The Three Bloody Sisters
Team at Fly By Night Realty
The Morticia and Gomez
Spouses Who Sell Houses Team
of Fly By Night Realty
The Vladimir Dracula &
Frank N. Stein Team
The Operatic
Phantom Team of Fly
By Night Realty
The Vladimir Dracula Team
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24. TEAMS:
Team Names:
• For Existing Teams…. For 12 months
after adoption of the regulation (Until
January 2, 2015), Teams that have
changed their name to comply with
this provision shall be entitled to
state in advertisements under their
new name that they were “formerly
known as” their prior team name.
The Three Bloody Sisters Team of Fly By Night
Realty: Formerly known as the Brides of Dracula
The Vladimir
Dracula Team….
Formerly known as
the Bloodsucker
Bunch.
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25. THE NEW N.Y.S. ADVERTISING
GUIDELINES
Restructuring your
Real Estate Brokerage
Advertising
Campaigns
Click here
for Audio