11.1 Advertising Policy

The following policies apply to all property listed with the Company.

1. Advertising Defined: It is the policy of the Company that the term “advertising” is to be broadly interpreted to include any communication, whether oral or written, through any physical or electronic platform, between an agent and the public.

2. Necessity of Signed Listing Agreement: No property will be advertised in any way without a signed written listing agreement on file with the Broker or Manager. The listing agreement in the hands of the associate agent is not sufficient. If a listing agent has a listing he/she wants to advertise, the original or a fax of the original must be in the hands of the Broker or Manager.

3. Newspaper/Magazine Ads: A listing which is due to expire by the publication date of a newspaper or magazine ad will not be inserted into the ad unless a written extension of the listing is received by the Broker or Manager before the deadline for placing the ad.

4. Price Changes: No price changes or other substantive changes to the listing will be advertised unless a written change of the price or other appropriate information is received by the Broker or Manager before the deadline for placing the ad.

5. Advertising Features As “New”: Information on features of the property will not be advertised as "new" unless substantiated by written receipts or other evidence of payment from the owner showing the date the work was done. If the verification is received, it will be advertised with the appropriate date. If the verification is not received, the listing agent must use other words such as "newer" or "recent" to describe the feature.

Agents should take special care to follow these same rules in the use of "special feature" sheets. If an agent does not follow this policy regarding any information sheets or other documentation/advertising the agent prepares, the agent will be solely liable for any errors or omissions which later cause any losses.

6. “For Sale” Signs: "For Sale" signs and lock boxes will be removed immediately, per state or local MLS guidelines, upon expiration or withdrawal of a listing.

7. “Sold” Signs: According to the REALTOR® Code of Ethics, prior to closing, only the sold sign of the listing broker is allowed on the listing, unless the listing agent consents otherwise. The Code of Ethics also allows the cooperating broker to post a “sold” sign with the written permission of the buyer after the closing. Per the Code of Ethics, either the listing broker or the cooperating broker may claim to have sold the property in advertising and representations to the public.

8. “Personal Advertising”: Personal advertising by individual agents is encouraged. Any personal advertising must be approved by the Broker or Manager. Standard of Practice 12-5 of the Code of Ethics requires that the name of the firm be disclosed in any advertisement of listed property.

If you use a name in your real estate business which is different from the name on your real estate license certificate (which should be your legal name), you may be in violation of the Real Estate License Law.

For example, suppose your full legal name is Midlemas Phestus Furplesnurkle, IV, but you prefer to go by “Purple” in connection with your real estate business. Your advertisements in the local homes magazine, newspaper, and on the web, simply say, “For all your real estate needs, think “Purple!” Likewise, your (Purple) business cards and sign riders identify you only as “Purple.” This method of identification is insufficient under the law even if your ads, cards, and stationery include your company name, address and phone number. The name under which you do business should be enough to identify you legally and to assure that you are not misleading the public as to your identity. By using only “Purple,” you are engaging in business under a name not legally your own and thus effectively concealing your identity. While you may not intend to deceive, you do so by not using your legal name.

First Names

Nicknames have always been common, and you can certainly use one in place of your legal first name. The key is to remain readily identifiable to the public and to the Real Estate Commission. Some nicknames are short versions of a longer name and are commonly known. For example, William may go by “Will” or “Bill,” Robert by “Rob” or “Bob,” and Elizabeth by “Liz,” “Beth,” or even “Betsy.” In these kinds of situations, you may use a nickname because your actual name can be easily determined. Similarly, a nickname involving the use of initials in place of your given name is acceptable, as when Thomas Joseph Jefferson goes by “T. Joseph Jefferson” or even “T.J. Jefferson.”

Other nicknames are not logically associated with the user’s first name. For example, if your name is Midlemas Phestus Furplesnurkle and you use a nickname like “Purple” or “Kid,” a member of the public would have no way of knowing that you are actually “Midlemas.” In order to assure that you can be easily identified, your business cards and correspondence should include your full name together with your nickname. This can be done in various ways. For example, your business card might read, “Midlemas ‘Purple’ Furplesnurkle, Broker,” and your newspaper ad could say, “For all your real estate needs, call Purple! (M.P. Furplesnurkle, IV, Broker).”

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Last Names**

Using a surname that is not your own is not allowed. If you have an awkward or lengthy surname, you may wish that you could shorten or simplify it only in connection with your real estate business. While the goal is understandable, the result is misleading if you haven’t legally changed your name. For instance, if your surname is Furplesnurkle, you can’t simply call yourself “Mr. Furp” or “Mr. Jones” in your brokerage activities, so long as your legal name remains Furplesnurkle. If you want to become “Furp” or “Jones,” you should legally change your name. The most straightforward way to do this is to go through a judicial name change proceeding before the clerk of court in the county where you reside.

If you don’t want to go to the trouble of changing your name legally, then you should use your legal name in all aspects of your business. You cannot avoid the problem by filing a DBA (doing business as) registration in the office of the register of DBAs. That procedure is only for business names--not for personal name changes. You must also file your DBA with the State.

Internet Advertising

1. All agent-created or agent-utilized online advertisements, Web pages, domain names, sponsorships, links, frames, blogs, and other electronic media (referred to as “Internet advertising”) must conform to state and federal law and to Company identity standards.

2. All Internet advertising should be approved by Company management before going online. It is the agent’s responsibility to send in all material to their local Broker or Manager for review before publishing. This policy covers personal websites, blogs, and listings posted on any site other than the Company’s website.

3. Any contract for Internet advertising must be reviewed and approved by Company management before the agent signs it.

4. All Internet advertising must contain appropriate content and shall not contain links to any inappropriate content nor be sponsored by any person or entity that has not been specifically approved by Company management. Examples of inappropriate content include racial or ethnic “hate” content, content that is excessively violent, and sexually explicit content.

5. The agent will be responsible for all costs of the Internet advertising that he or she has contracted for. The agent may not enter into any contracts for Internet advertising in the Company’s name; instead, the agent must enter into such contracts in his or her own name. If the Company becomes liable for an agent’s Internet advertising contract, the agent will promptly reimburse the Company the costs of the advertising and/or the Company will have the right to deduct such costs from any pending commissions due the agent.

General Advertising Policies

As used here, advertising includes, but is not limited to, the following:

• All display advertising.

• All classified advertising with any publication including newspapers and magazines.

• All mass mailing and faxes.

• Emails

• Internet postings

• Television programs or ads

• Flyers

• Postcards

• All newsletters

• “For Sale” signs and riders

• Billboards

• Business cards

All advertising must be approved by the Company before your placement or use.

You may only advertise property actually listed for sale or for rent by the Company. Anytime you advertise property you must include the term “broker,” “agent,” “licensee” or “REALTOR®.”

All advertising words and content are and shall remain the property of the Company whether created by you, the Company, or both.