Understanding NYS Real Property Law Section 175.25: Advertising Rules for Real Estate Professionals
In the ever-evolving world of real estate, advertising is an essential tool for promoting services, properties, and expertise. However, in New York State, real estate professionals must carefully navigate the rules set forth in Section 175.25 of the NYCRR to ensure their advertising complies with legal and ethical standards.
Defining Advertising: It’s Broader Than You Think
When discussing advertising, it’s important to understand its broad scope. According to the revised NYCRR 175.25, advertising encompasses any promotion or solicitation related to licensed real estate activities. This includes, but is not limited to:
- Mail: Flyers, postcards, and direct mail campaigns.
- Telephone: Voicemail recordings or telemarketing.
- Websites: Personal or company sites promoting services or listings.
- Email: Newsletters, drip campaigns, and individual messages.
- Electronic Bulletin Boards: Social media platforms like Facebook, Twitter, Instagram, or personal blogs.
- Business Cards: Contact information presented in a promotional context.
- Signs: Yard signs, window displays, or vehicle wraps.
- Billboards: Large-scale promotional signage.
- Flyers: Handouts distributed at events or in public spaces.
With this broad definition in mind, even casual forms of communication, such as a Facebook post announcing a new listing or a tweet sharing market insights, are considered advertising under these regulations.
The Internet and Social Media: A Powerful but Sensitive Tool
The internet has transformed real estate marketing. Social media, in particular, offers unprecedented reach and engagement with potential clients. However, real estate professionals must recognize that social media posts are considered advertising and must comply with Section 175.25 guidelines.
For example:
- Announcing a new listing on Instagram.
- Sharing recent sales activity on Facebook.
- Promoting your brokerage’s services on Twitter.
Each of these activities constitutes advertising and requires careful attention to accuracy, transparency, and compliance with fair housing laws.
Best Practices for Advertising and Social Media Use
When using any medium to advertise—including traditional methods or digital platforms—awareness and compliance are key. Here are some essential rules to follow:
- Avoid References to Protected Classes
- Do not post, like, share, or comment on anything that references a protected class, even positively. For instance, avoid saying, “This neighborhood is perfect for families,” as it could be interpreted as discriminatory.
- Do not allow yourself to be tagged in posts that make such references.
- Ensure Brokerage Information is Clear
- All advertising must include the name of your brokerage and reflect your license status accurately.
- Maintain Truthfulness and Transparency
- Be precise and truthful in all claims made in advertisements. For example, never exaggerate property features or market statistics.
- Understand the Implications of Your Words and Images
- Whether in a traditional advertisement or a casual post, the words and images you choose matter. Ensure they align with fair housing laws and ethical guidelines.
- Obtain Proper Permissions
- Get written consent before using photos or details of properties you don’t directly represent.
Helpful Resources
To assist real estate professionals, the New York State Department of State provides helpful tools:
- Real Estate Advertising Regulations: A comprehensive guide to the rules.
- Real Estate Advertising Checklist: A practical checklist to ensure compliance.
These resources can help you navigate the complexities of advertising while staying within legal and ethical boundaries.
The Importance of Awareness
Whether it’s a traditional flyer, a business card, or a Facebook post, every form of communication in real estate advertising must adhere to Section 175.25. Awareness is the key to avoiding unintentional violations.
By maintaining sensitivity to the content of your advertisements and social media communications, you can protect yourself and your business while building trust with clients.
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. For specific questions or concerns regarding advertising practices, please consult a qualified legal professional or your brokerage’s compliance team.
Final Thoughts
Real estate advertising offers limitless opportunities to connect with clients and grow your business. However, it also requires careful attention to detail and compliance with regulations. By understanding the broad scope of advertising under NYS Real Property Law Section 175.25 and utilizing the resources provided by the Department of State, you can confidently promote your services while upholding professional and ethical standards.
For more information and guidance, visit the NYS Department of State Real Estate Advertising webpage.