Advertising Rules Continue to be Violatedby Betty Winn on 10/07/14
I have noticed some disturbing advertising practices popping up in the classified section in our local newspaper, The Daily Courier.
Real estate salespeople are running ads using abbreviated real estate company names or just leaving off their company's name all together (Called "Blind Ads"). Both of these types of ads are clear violations of the Commissioner's Rules. (Rules are reprinted at the end of this posting.)
All advertising by real estate licensees are under the supervision of the Broker. It seems to me that the real estate salespeople involved in the activity of running "Blind Ads" and/or not including the full name of the companies in the ad, are skipping the crucial step of having their ads reviewed and approved by their Broker prior to publication.
Many brokers assign a licensee under the brokerage to review the classified ads on a regular basis to help educate their salespeople about proper advertising. This is a wonderfully effective practice.
You may be asking yourselves "Why does the Arizona Department of Real Estate care about this practice?". Simply put, it is deceptive advertising. The consumer has the right to know if they are contacting a licensed real estate salesperson or Joe public. They also should know the exact name of the company that the salesperson works for in case they need to contact the Broker. And, since it is the job of the Department to protect the public the advertising rules are in place to do just that.
Of course, most salespeople are following the rules. But there were enough advertising violations in the classifieds over the past few weeks to prompt this posting as a gentle reminder. Make sure that you are having your ads reviewed and approved by your broker.
Commissioner's Rules R4-28-502. Advertising by a Licensee A. A salesperson or broker acting as an agent shall not advertise property in a manner that implies that no salesperson or broker is taking part in the offer for sale, lease, or exchange.
Commissioner's Rules R4-28-502. Advertising by a Licensee A.- C. A salesperson or broker shall ensure that all advertising contains accurate claims and representations, and fully states factual material relating to the information advertised. A salesperson or broker shall not misrepresent the facts or create misleading impressions.
Commissioner's Rules R4-28-502. Advertising by a Licensee- E. A salesperson or broker shall ensure that all advertising identifies in a clear and prominent manner the employing broker’s legal name or the dba name contained on the employing broker’s license certificate.