Q: I’m having small signs printed to direct prospects to my listings. My brokerage’s name is too long to fit on the signs, and larger signs cost a lot more. May I shorten the brokerage’s name to fit?
A: No. Rule 61J2-10.025(1), Florida Administrative Code, “all real estate advertisements must include the licensed name of the brokerage firm.” Abbreviations aren’t allowed.
Q: I’ve agreed to sponsor a NASCAR team in exchange for placement of my advertisement on their racecar. Must I include the address of my brokerage firm in the ad?
A: No. Rule 61J2-10.025, Florida Administrative Code, provides that the name of the brokerage firm is required, but there is no requirement to include the address.
Q: I’m planning to send a mass mailing to all the homes in the subdivision I farm. Is there a legal requirement that says I must include a disclaimer informing recipients who have already listed their property to ignore the advertisement?
A: No. There is no legal requirement to include any such disclaimer in the advertisement.
Q: What size must the letters be on my office sign?
A: There is no requirement that the letters be any particular size. Florida Administrative Code Rule 61J2-10.024 included letter size requirements, but the rule was repealed several years ago.
Q: I’m a broker setting up a Web site for the brokerage firm. Our office address and phone number will be located on the left-hand corner of the site. Where must I place the licensed name of the brokerage firm?
A: Rule 61J2-10.025(3)(a), Florida Administrative Code, provides that if a brokerage firm is advertising on the Internet, the licensed name of the firm “shall be placed adjacent to or immediately above or below the point of contact information.”
The rule states: “Point of contact information” refers to any means by which to contact the brokerage firm or individual licensee including mailing addresses(es), physical street address(es), e-mail address(es), telephone number(s) or facsimile telephone number(s).
Q: I’m placing an advertisement for one of my listings in the local newspaper. The cost is based on the number of lines the advertisement occupies. I’m including my first name in the advertisement but would like to omit my last name because it’s very long. May I omit my last name in the advertisement?
A: No. Rule 61J2-10.025(2), Florida Administrative Code, provides: “When the licensee’s personal name appears in the advertisement, at the very least the licensee’s last name must be used in the manner in which it is registered with the [Florida Real Estate] Commission.”
Q: I’m placing an advertisement in the newspaper; do I have to include my telephone number in the ad?
A: No. Rule 61J2-10.025, Florida Administrative Code (FAC), does not require that a telephone number appear in the advertisement. The rule requires that the ad must clearly let people know they are dealing with a real estate licensee and must include the licensed name of the brokerage firm.
If a licensee’s personal name appears in the ad, then at the very least the licensee’s last name must be used in the manner in which it is registered with the Florida Real Estate Commission (FREC). In other words, don’t put out an ad using your first name only. Furthermore, the ad cannot be false, fraudulent, deceptive or misleading.
Q: My real estate license reflects my full legal name, Jane Doe-Smith. However, I’m most commonly known as Jane Doe within the real estate community, and I only recently hyphenated my name legally and changed it on my real estate license. May I continue to use the name Jane Doe in my advertisement?
A: No. Rule 61J2-10.025(2), Florida Administrative Code (FAC), provides that when you use your personal name in an advertisement, at the very least, the last name must be used in the manner in which it is registered with the Florida Real Estate Commission (FREC).
Q: I recently opened my own brokerage. In an effort to attract new business, I’d like to place an advertisement offering buyers and sellers who use my services a $200 rebate. Is this legal?
A: Yes. The Florida Real Estate Commission (FREC) Rule 61J2-10.028(2) provides that a licensee may share brokerage compensation with a party to a transaction as long as full disclosure is given to all interested parties. Furthermore, since you’ll be advertising this rebate, you also need to comply with FREC Rule 61J2-10.025, which provides, in part, that real estate advertisements must not be false, fraudulent, deceptive or misleading. The ad should clarify any conditions or limitations that apply.
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© Copyright 2008 Florida Association of Realtors®