New FREC Advertising Rules and what it means for you!
FREC 61J2 – 10.026 team or group advertising rules.
PROPOSED UPDATE… Something to note, even though this draft is geared more towards Teams, we anticipate this rule being across the board for advertising from Team or Individual Agents.
1. Team or Group Advertising shall mean a collective name or logo used by one or more real estate licensees who represent themselves to the public as part of one brokerage that performs real estate license activities under the supervision of the same broker.
2. Each team or group shall file with the broker an appointed team leader to represent the team or group. This team leader shall be responsible for ensuring that the advertising is in compliance with Chapter 475 Florida Statutes and 61J2 Florida Administrative Code.
3. The registered broker must maintain a current written record of each team’s or group’s members.
4. Team or group names. Real estate team or group names must always include the word “team” or “group” as part of the name.
Real estate team or group name shall not include the following words:
i. LP or LLP
j. Real Estate
l. or similar words suggesting the team or group is a separate real estate brokerage or company
All of these indicate a real estate brokerage business. It had become too deceptive to the general public. Only a broker can own and operate and register a real estate brokerage business, not sales associates or broker associates.
5. Unless otherwise provided, this rule applies to all mediums of advertising including print, radio or television, and Internet. It includes but is not limited to such type of advertising as signs, billboards, email, business stationery, business cards, business documents, signs, logos, newsletters, or electronic equivalents, or anything of a similar kind of use for a similar purpose as any of the items set forth above.
6. Advertisements containing the team or group name, team or group member, or individual licensee shall not appear in larger print or be more prominently displayed than the name of the registered brokerage’s logo.
7. All signage, including yards and billboards, must comply with these requirements no later than 12 months following effective date of this rule.
8. Excluding the items listed above, all other relevant advertising must comply with these requirements no later than six months following the effective date of this rule.
A timeframe for when a final rule will be passed and implemented is indefinite, but it’s a good time for the industry to begin preparing for this change.
Here 4 quick things to think about as we get ready for this new rule.
1.As you are designing logos and marketing, think of where the RE/MAX Elite logo will be placed..along side your branding. We have several logos to choose from to make this easier for you or feel free to get with Heather for some brainstorming sessions.
2. Website – If you are using a website other than the RE/MAX SPAW website, is the office name/logo alongside your name, logo or branding?
3. Advertising Images – Any images you post to social media or advertising that has your Name or Logo needs to have the Office name or logo as well. Currently the only requirement is that the Brokerage name be on the image but if these rules get passed, the Brokerage name will need to follow these new rules and be as big as your branding.
4. Social Media – In your Bio/About you should list the Brokerage name.
CURRENT ADVERTISING LAWS:
(1) All advertising must be in a manner in which reasonable persons would know they are dealing with a real estate licensee. All real estate advertisements must include the licensed name of the brokerage firm. No real estate advertisement placed or caused to be placed by a licensee shall be fraudulent, false, deceptive or misleading.
(2) 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 Commission.
(3)(a) When advertising on a site on the Internet, the brokerage firm name as required in subsection (1) above shall be placed adjacent to or immediately above or below the point of contact information. “Point of contact information” refers to any means by which to contact the brokerage firm or individual licensee including mailing address(es), physical street address(es), e-mail
address(es), telephone number(s) or facsimile telephone number(s).
(b) The remaining requirements of subsections (1) and (2) apply to advertising on a site on the Internet.
Specific Authority 120.53, 475.05, 475.25(1)(c) FS. Law Implemented 475.01, 475.25, 475.42, 475.421, 475.4511 FS. History–New 1-1-80,
Amended 2-17-81, 3-14-85, Formerly 21V-10.25, Amended 12-29-91, 7-20-93, Formerly 21V-10.025, Amended 4-18-99, 7-4-06, 2-5-07.