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(1) Media. This rule regulates advertising
whether done personally by a licensee or through any media. The term “media”
includes, but is not limited to, print, photographic, broadcast, and computer
media including, but not limited to, such examples as newspapers, magazines,
flyers, posters, business cards, billboards, radio, television, signs
(including, but not limited to, office, directional, for sale, for lease, sold,
or vehicle signs), newsletters, and the Internet.
(2) Misleading Advertising. Any advertising
that is misleading or inaccurate in any material fact or in any way
misrepresents any property, terms, values, services, or policies is prohibited.
Whenever a licensee becomes aware that a principal with whom the licensee’s
firm has a brokerage engagement is advertising to sell, buy, rent, lease, or
exchange a property in such a manner that is inconsistent with this rule, the
licensee must immediately take steps to stop the advertising until it complies
with this rule.
(2.1) Advertising by Affiliated Licensees.
All advertising by associate brokers, salespersons, and community association
managers must be under the direct supervision and in the name of the broker who
holds their licenses.
(3) Written Permission to Advertise. A
licensee shall not advertise any property for sale, rent, lease, or exchange
unless the licensee has first secured the written permission of the owner or
the owner’s authorized agent. Where such permission is granted, a licensee
advertising property that is listed with another licensee shall clearly and
conspicuously disclose that fact and the name of the listing licensee unless
the listing licensee has expressly agreed to waive those clear and conspicuous
disclosures.
(4) Discriminatory Advertising Prohibited. A
licensee shall not advertise to sell, buy, exchange, rent, or lease property
when such advertisement is directed at or referred to persons of a particular
race, color, religion, sex, handicap, familial status, or national origin. The
contents of any advertisement must be confined to information relative to the
property itself, and any advertisement that is directed at or referred to
persons of any particular race, color, religion, sex, handicap, familial
status, or national origin is prohibited.
(5) Internet Advertising. Any licensee who
advertises any property for sale, rent, lease, or exchange on the Internet must
remove such advertisement within ten days after the expiration of the listing.
Note: See 520-1-.11(3) for requirements for licensees advertising as
principals.
(6) Trade Names and Franchise Names. For
purposes of this rule the term trade name shall include trade mark and service
mark; and the term advertising shall include, but is not limited to,
advertising done by others in behalf of the licensee.
(a)Any firm using a trade name or any franchisee in
advertising specific properties for sale in any media clearly and unmistakably
include said firm’s name as registered with the Commission in a manner
reasonably calculated to attract the attention of the public. The firm’s name
shall appear adjacent to any specific properties said firm advertises for sale
so that the public may unmistakably identify the firm responsible for the
handling of the listing of the specific property. In advertising a specific
property or properties for sale, for rent, or for exchange, the name of the
licensed firm offering the property for sale, for rent, or for exchange shall
appear in equal or greater size, prominence, and frequency than the name or
names of any affiliated licensees or groups of licensees.
(b) Any firm using a trade name or any franchisee
shall on any signs, business cards, contracts, or other documents relating to
real estate transactions clearly and unmistakably include said firm’s name as
registered with the Commission.
(c) Any firm using a trade name or any franchisee
shall clearly and unmistakably include said firm’s name as registered with the
Commission on office signs.
(7) Firm Names and Telephone Numbers in Advertising.
In advertising a specific property or specific properties for sale, for rent,
or for exchange in any media:
(a)all firms must include in the advertisement a
name of the firm that is registered with the Commission and a telephone number
for the firm, except when complying with lawful restrictions (such as covenants
or local governmental ordinances) that forbid the use of the firm’s name on a
particular type of sign;
(b)the name of the licensed firm offering the
property for sale, for rent, or for exchange shall appear in equal or greater
size, prominence, and frequency than the name or names of any affiliated
licensees or groups of licensees
(c)the firm’s telephone number shall appear in equal
or greater size, prominence, and frequency than the telephone number of any
affiliated licensee or groups of licensees, and it must be a number at which
the public can reach the broker or a manager without going through the
affiliated licensee(s) listed in the advertisement;
(d)whether contained in a logo or standing alone,
the name of the firm as registered with the Commission must be in equal or
greater size, prominence, and frequency than the name of any affiliated
licensee or group of licensees; and
(e)a block advertisement in any print media that
advertises various listings of a brokerage firm and includes the name of the
listing agent next to each listing shall be in compliance with this rule if the
name of the brokerage firm appears only once at the top of the advertisement in
equal or greater prominence and print size than any of the listing agent’s
names. The firm’s name may be located in other positions in such block
advertisements if the firm name appears clearly larger and more prominently
than the name of any other licensee in the advertisement.
(8) Licensees Advertising as Principals. A
licensee shall not advertise to sell, buy, exchange, rent, or lease property in
a manner indicating that the offer to sell, buy, exchange, rent, or lease such
property is being made by a private party not licensed by the Real Estate
Commission.
(a) Every associate broker, salesperson, and
community association manager is prohibited from advertising under the
licensee’s own name to buy any property or offering for sale, rent, or lease
any property. All advertising by associate brokers, salespersons, and community
association managers must be under the direct supervision and in the name of
the broker who holds their licenses.
(b) However, when a licensee wishes to advertise
property owned by the licensee and which is not under a brokerage engagement
with a broker, the licensee may do so provided:
1. if the licensee’s license is affiliated with a
broker, the broker holding the licensee’s license has been notified in writing
of the specific property to be advertised;
2. regardless of whether the licensee’s license is
affiliated with a broker or on inactive status, any advertisement must include
either (a) the legend “seller, buyer, landlord, tenant (select the appropriate
name) holds a real estate license” or (b) the legend “Georgia Real Estate
License # (insert licensee’s six digit number; for example, 000001).” “Georgia
Real Estate License” may be abbreviated to “GA R. E. Lic.;” and
3. if the licensee’s license is affiliated with a
broker, the broker gives written consent to advertising the specific property
and the advertisement itself.
(9) Licensees Advertising Approved Schools. A
licensee shall not advertise that such licensee offers, sponsors, or conducts
Commission approved courses or that such licensee offers, sponsors, or conducts
Commission approved courses in conjunction with an approved school or other
approved organization unless the licensee is approved by the Commission to
offer such courses.
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