The first step in staying in compliance is understanding what we mean when we use the word advertising. The advertising regulations cover all “promotion and solicitation related to licensed real estate activity, including but not limited to, advertising via mail telephone, websites, e-mail, electronic bulletin boards, business cards, signs, billboards, and flyers.” N.Y. Comp. Codes R. & Regs. tit. 19, § 175.25(a)(1). Even if an advertisement does not mention a specific property, but it is intended to promote the licensee, then the regulations apply.
In addition, the Department has specific provisions relating to:
- Broker websites , Agent websites and Team websites
- Email advertisements
- Social media websites (for example Facebook, Twitter, and personal blogs)
- Type of license (broker, associate broker, or salesperson)
- Smartphone ‘Apps’
- Paid third party websites
- Proper use of names, nicknames, and team names
- Photographs and broker Flyers and mailers
Advertising plays a critical role in determining the success of any real estate licensee and as an important tool and serving clients and meeting all the fiduciary duties.
Remember, it is every licensee’s obligation to stay current with any changes to the laws, rules, and regulations that govern the industry. In 2014 significant changes were adopted to the Regulations further comprehensive amendments were made and adopted in late 2020. The Department will seek to impose sanctions, including, but not limited to license revocation or suspension, fines and restitution against any licensee found to have violated these regulations.
The NY Department of State has a very helpful hand-out covering aspects of the Regulation. The handout includes over 13 The handout includes over a dozen examples illustrating how the regulations apply. Click Here for ADVERTISING FOR REAL ESTATE LICENSEES pdf. In addition, the Department provides a Real Estate advertising check list which is very helpful for ensuring the regulations are complied with. Click Here for the CHECKLIST for REAL ESTATE ADVERTISING pdf