New Consumer Protection Rules: Agency and Disclosure
Professional Standards Manual
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2. Acting For Sellers
(k) Advertising Requirements – View Entire Section
(VI) Internet/Social Media Advertising
One of the primary purposes of the Council’s advertising rules is to ensure that consumers accessing a licensee’s advertising are aware that they are dealing with a real estate licensee and know the name of the brokerage with which that licensee is engaged. This is particularly important for internet and social media advertising given the worldwide exposure of this advertising medium.
Just as in print advertising, the name of the brokerage must appear in a prominent and easily readable form on all internet and social media advertising vehicles, including each individual page, e-mail, online discussion group or bulletin board, etc.
For social media advertising, licensees must include the name of their related brokerage on their profile screen. Using Twitter or Facebook as examples, only the licensee’s main profile screen is required to contain the name of the licensee’s related brokerage. It is not required that each ‘‘tweet’’ or ‘‘post’’ contain the name of the brokerage. The rationale is that once a licensee’s profile has been accessed, the name of the brokerage is displayed, and it is known that the individual is a licensee. It is the site visitor, with that knowledge, who then chooses whether to follow the licensee’s ‘‘tweets’’ or asks to become a ‘‘friend’’, going forward. This is rather like licensees introducing themselves to a consumer at an open house; they identify themselves as a real estate licensee and present a business card with the name of their brokerage displayed. Licensees do not have to reintroduce themselves at each subsequent meeting if the consumer decides to maintain contact with them, as the consumer already knows, via the first introduction, with whom he or she is dealing.
The following example displays an acceptable Facebook page. It includes:
- clearly displayed brokerage name
- the name of the licensee
- team name
- name of the personal real estate corporation
- a qualifying statement about the “Top selling real estate team” claim
- a qualifying statement about the “List with us and we’ll donate $2000 to a charity of your choice” promotion
The same rationale applies to a video blog posted on a licensee’s website. Provided that the name of the licensee’s brokerage is prominently displayed and easily readable on the website where the video is posted, it is not required that the licensee include the name of his or her brokerage on each blog segment. However, if a licensee posts a video blog on any other website, such as YouTube, the name of the brokerage must be in the title or description of the video.
The following example displays an acceptable YouTube page. It includes:
- clearly displayed brokerage name
- the team name
- a description of the team
- a qualifying statement about the “Top selling real estate team” claim
- a qualifying statement about the “List with us and we’ll donate $2000 to a charity of your choice” promotion
Guidelines for Common Online and Social Media Websites
Facebook: Profiles have limited characters but the name of the brokerage/personal real estate corporation/team can be displayed as a graphic in the cover photo. Better yet, a Facebook page has unlimited characters so it is easy to comply and have the page look very professional. If you are, in any way, using Facebook to ‘advertise’, your page and profile must include the name of your brokerage. If you don’t want the public (or the Council) to scrutinize your Facebook page, be sure your privacy settings are set appropriately.
Twitter: The Twitter bio section has room for your name plus that of your brokerage. Or you can include your brokerage name in the background of your Twitter page. You do not have to add the name of your brokerage to each tweet.
Google +: Like Facebook, you can put the name of your brokerage in the cover photo or in your profile photo. Keep in mind that the posts are the first thing displayed, not the “About” section. So if you don’t have your brokerage name in the cover photo or profile photo you will have to have it on all your posts.
YouTube: On the “Your Channel” section of YouTube, you can put your brokerage name in the “About” section. On the “You Tube” video page you can put the name of the brokerage/personal real estate corporation/team in three areas – the “Title”, “Description” or in the intro to your video.
Craigslist and Kijiji: It is important to ensure that the name of your brokerage is prominently displayed and easily readable on any Craigslist and Kijiji posting.
Foreign Language publications: Translations of brokerage names into other languages is not acceptable. The licensee name of the brokerage/licensee/personal real estate corporation/team must be reflected as registered by the Council.
Pinterest: Should you post any photos on Pinterest that have to do with the real estate that you are marketing, you should include your brokerage name on the photo itself to avoid a contravention if, for example, your photo is re-pinned on another person’s board.
QRL Codes: It is important to ensure that the name of your brokerage is prominently displayed and easily readable on the link that is provided by the QRL code.
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