SAMCAR  >  Professional Standards

Advertising Guidelines

Flyer/Ad Guidelines

As a REALTOR®, you represent the face of the real estate industry by conducting yourself in an ethical and professional manner. However, there are serious, yet common reoccurring issues pertaining to advertising. The issue stems from REALTORS® not presenting a "true picture" in their representation to the public. Article 12 addresses truthfulness in statements and advertising. Article 12 states, "REALTORS® shall be careful at all times to present a true picture in their advertising and representations to the public. REALTORS® shall also ensure that their professional status (e.g., broker, appraiser, property manager, etc.) or status as REALTORS® is clearly identifiable in any such advertising." (Amended 1/93) For more information on Article 12, please visit the legal section of CAR's website.

The applicable standards of practice are:

  • Standard of Practice 12-4 REALTORS® shall not offer for sale/lease or advertise property without authority. When acting as listing brokers or as subagents, REALTORS® shall not quote a price different from that agreed upon with the seller/landlord. (Amended 1/93)
     
  • Standard of Practice 12-7 Only REALTORS® who participated in the transaction as the listing broker or cooperating broker (selling broker) may claim to have "sold" the property. Prior to closing, a cooperating broker may post a "sold" sign only with the consent of the listing broker. (Amended 1/96)

What's wrong with this flyer?

Improper REALTOR®, Inc

The following is an update of the activity in your area:

Properties For Sale

123 A Avenue 3bd 2ba $450,000
465 B Street 3bd 2ba $434,000
798 C Circle 4bd 3ba $600,000

If you would like further information regarding these properties, please call.


Correct Flyer Examples

Professional REALTOR® (Example 1)

The following is an update of the activity in your area:

Properties For Sale

A Avenue 3bd 2ba $450,000
B Street 3bd 2ba $434,000
C Circle 4bd 3ba $600,000

If you would like further information regarding these properties, please call.

Note: Above is an example of a safe flyer, because no street address is used.

Professional REALTOR® (Example 2)

The following is an update of the activity in your area:

Sold Properties

981 S Road 3bd 2ba $450,000
5321 Avenue 3bd 2ba $434,000
321 F Street 4bd 3ba $600,000

* Professional Realty sold one or more of the properties as listing and/or selling broker.
(Or if applicable) * Professional Realty did not necessarily participate in these sales.


Where do I need to display my license number?

For guidance on DRE regulations clarifying SB 1461, the State law that requires real estate licensees toinclude their license numbers on all "first point of contact" materials, please read:

DRE License Disclosure Requirements for Advertising
 

 
 
Other Posts

National Association of REALTORS (NAR)
NAR Approves New Personal Conduct Policy Addressing Discrimination
On November 13, the Board of Directors for the National Association of REALTORS voted in favor of a motion presented by NAR's Professional Standards Committee making it a violation for Realtors to use harassing or hate speech toward any of the protected classes under Article 10 of NAR's Code of Ethics. Those include race, color, religion, sex, handicap, familial status, national origin, sexual orientation and gender identity. The Professional Standards Committee recommendations come as NAR works to reaffirm its commitment to fair housing and position its members to lead America's real estate industry in the fight against discrimination and inequality.
DRE Addresses Risks of "Coming Soon" Advertising
In its 2018 Winter Real Estate Bulletin, the California Department of Real Estate (DRE) discusses the risks of "Coming Soon" marketing in an article titled "Be Sure to Maintain Fiduciary Responsibility for Your Client or Face Civil and Regulatory Liability," which includes the DRE's view of "best practices" for listing agents.
Response to Consumer Report's "Dirty Secrets" Article
In response to Consumer Report's recent article, "Real estate agents confess their dirty little secrets," NAR recommends members submit a letter to the editor of the magazine about the value that agents bring to their clients and real estate transactions. Read more for talking points and a model letter.
RESPA Information
RESPA is a federal statute that regulates disclosure of closing costs and prohibits kickbacks for the referral of business.

Site Navigation