New FREC Advertising Rules and what it means for you!
FREC 61J2 – 10.026 Team or Group Advertising
*REVISED 6.18.18 – EFFECTIVE DATE JULY 1, 2019
Something to note, even though this 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 name or logo used by one or more real estate licensees who represent themselves to the public as a team or group. The team or group must perform licensed activities under the supervision of the same broker or brokerage.
(2) Each team or group shall file with the broker a designated licensee to be responsible for ensuring that the advertising is in compliance with chapter 475, Florida Statutes, and division 61J2, Florida Administrative Code.
(3) At least once monthly, 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 may include the word “team” or “group” as part of the name. Real estate team or group names shall NOT include the following words:
(j) LP, LLP or Partnership
(m) Real Estate
(o) Or similar words suggesting the team or group is a separate real estate brokerage or company
(5) This rule applies to all advertising.
(6) Advertisements containing the team or group name shall not appear in larger print than the name or logo of the registered brokerage. All advertising must be in a manner in which reasonable persons would know they are dealing with a team or group.
(7) All advertisements must comply with these requirements no later than July 1, 2019.
Nothing in this rule shall relieve the broker of their legal obligations under chapter 475, Florida Statutes, and division 61J2, Florida Administrative Code.
Rulemaking Authority 475.05, 475.25(1)(c) FS. Law Implemented 475.25 FS. History–New 6-18-18.
FREC: Fla. officially has a new team advertising rule
Questions? Email LegalNews@floridarealtors.org
Attorneys will review your questions, discuss issues with FREC if appropriate and provide member updates shortly.
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 prominate 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.