58-3086. Advertising; prohibitions; requirements of; information disclosed;
filing of agreements.
- No licensee shall use any promotion or advertisement in any type
of media that:
- Is misleading or inaccurate as to any material fact or that
in any way misrepresents any property, terms, values, policies;
- includes the trade name, trademark, collective membership mark,
service mark or logo of any organization owning such name, mark
or logo without being authorized to do so;
- includes an office where real estate activity is conducted
that is not designated as a primary office or branch office with
the commission; or
- promotes the license's business in a manner that could confuse
or mislead the public by using terms or a trade name or a business
name that could be construed as the trade name or business name
of a supervising broker.
- Except as specified by subsection (c), all advertising conducted
by a licensee shall:
- Be conducted under the direct supervision of the supervising
broker or branch broker;
- include the name of the supervising broker's trade name or business
name by prominently and conspicuously displaying or announcing
the supervising broker's trade name or business name in a readable
and identifiable manner; and
- include any other information that the supervising broker or
branch broker considers necessary.
- The advertising of property for sale, lease or exchange shall not
be required to include the supervising broker's trade name or business
name if the property is not listed with a broker and if either of
the following conditions is met:
- The property is personally owned by a licensee; or
- a licensee has an interest in the property.
- If authorized by the supervising broker or the branch broker, an
employed or associated salesperson or associate broker may include
in the advertisement:
- The contact information for the employed or associated salesperson
or associate broker;
- a name or team name which cannot be construed as a supervising
broker's trade name or business name;
- a slogan which does not include terms that are confusing to
the public or which cannot be construed as a supervising broker's
name or business name; and
- a domain name or website which does not include terms that
are confusing to the public or which cannot be construed as a
supervising broker's trade name or business name.
- Unless property personally owned by a licensee or in which a licensee
has an interest is listed with a supervising broker or branch broker,
all advertising caused by the licensee regarding the property shall
be done in a manner that clearly informs the public that a real estate
licensee is the owner of or has an interest in the property advertised.
- If a licensee does not have a buyer's agency agreement and is soliciting
property for purchase for the benefit of the licensee or an entity
in which the licensee has an interest, all advertising by the licensee
that contains a solicitation to purchase property from potential sellers
shall clearly inform the public that a real estate licensee is involved
in the solicitation of potential sellers of property.
- Each supervising broker who enters into an agreement that authorizes
the supervising broker to utilize the name or trade name of any person
or entity in the conduct of the supervising broker's real estate business
shall file a copy of the agreement with the commission.
- This section shall be part of and supplemental to the real estate
brokers' and salespersons' license act.
(History: L. 2008, ch. 155, § 6; L. 2009, ch. 7, § 10; July