Uploaded on

New Advertising Guidelines for 2014

New Advertising Guidelines for 2014

More in: Real Estate , Business
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
225
On Slideshare
0
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
4
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. THE NEW N.Y.S. ADVERTISING GUIDELINES Restructuring your Real Estate Brokerage Advertising Campaigns Click here for Audio
  • 2. Overview of the Guidelines • The Advertising Guidelines were just adopted by the N.Y. D.O.S. Real Estate Board on April 24, 2013. The DOS is charged with assuring Licensee’s do not promulgate untruthful advertising or misrepresentations. These are the agency’s rules as to how they enforce their statutory charge. • Further General Business Law requires that all brokers identify themselves as such in any and all advertisements • The new guidelines will officially take effect of January 2, 2014. • It is suggested that every licensed Real Estate Brokerage and Licensee review their advertising and marketing materials and strategies to assure compliance prior to 2014. Click here for Audio
  • 3. The Basic Definitions: Advertising & Advertisements • Promotions or Solicitations related to licensed real estate activity. • Via mail, telephone, websites, email, electronic bulletin boards, business cards, signage, billboards, flyers and any other means. • Shall not include commentary made by a licensee not related to promoting licensed real estate activity. Click here for Audio
  • 4. The Basic Definitions: Real Estate Team: • Two or more persons. • One of whom must be a licensed associate broker or salesperson. • All of whom are associated with the same licensed broker or brokerage. • Who hold themselves out to operate as a team. Click here for Audio
  • 5. The Basic Definitions: Logo: • A graphic mark used to identify a real estate broker, associate broker, salesperson or team • Not a photograph of a licensee. • That is used or contained in advertising. Click here for Audio
  • 6. Placing Advertisements: • Only a Real Estate Broker is permitted to place or cause to be published advertisements related to the sale or lease of property. • Associate Brokers, Salesperson and Teams shall only advertise properties listed by the Broker with whom they are associated and only with the Approval of that Broker. Click here for Audio
  • 7. Authorization to Advertise • No Property shall be advertised without the authorization from the owner of the property • No Broker may advertise a property that is the subject of an exclusive listing held by another broker without the listing brokers permission. • Photographs of Property posted on a Broker’s website may not be used or reproduced without the written permission of the copyright holder. Click here for Audio
  • 8. Content of Advertising: Broker Name and Contact Info: • Ads must indicate the advertiser is a real estate broker or provide the name of the broker or brokerage. • Ads must also provide either (1) the full address of the broker or brokerage, or (2) the telephone number of the broker or brokerage FLY BY NIGHT REALTY 1313 Mockingbird Lane Munsterville, NY 00000 Real Estate Broker (666) 555-1212 or FLY BY NIGHT REALTY (666) 555-1212 Click here for Audio
  • 9. Content of Advertising: Names of Associated Licensees • May be included but where included the full name of the Broker or Brokerage must be in the Advertisement. Vladimir Dracula Lic. Assoc. Real Est. Broker FLY BY NIGHT REALTY 1313 Mockingbird Lane Munsterville, NY 00000 Click here for Audio
  • 10. Content of Advertising: Nicknames of Licensees • Full Names must be used as licensed with D.O.S. • Nicknames may be included so long as the full name is listed clearly and conspicuously Vladimir “The Count” Dracula Lic. Assoc. Real Est. Broker FLY BY NIGHT REALTY 1313 Mockingbird Lane Munsterville, NY 00000 Click here for Audio
  • 11. Content of Advertising: License Types • With the Exception of some Classifieds, Ads must state the type of license held by the licensee named. • Licensees may abbreviate the License Type so long as the same is not misleading • Use of titles like “sales associate”, “licensed sales agent”, “broker” is prohibited • Licensees with additional titles and designations are permitted to advertise the same. However be careful of recent DOS Opinions regarding Corporate Titles utilized only for Marketing Purposes. Click here for Audio
  • 12. Content of Advertising: Contact Information: • An Associate Broker, Salesperson or Team may provide additional contact info in an advertisement. • Home Offices may be used if properly registered with the NYS DOS • Licensees may provide telephone numbers beside that of brokerage office as long as the ad clearly identifies the type of number (desk, cell, home, etc..) Vladimir “the Count” Dracula Lic. Assoc. Real. Est. Broker (666)333-1212 (Cellular) 13 Carfax Abbey Court Transylvania, NY 00000 FLY BY NIGHT REALTY 1313 Mockingbird Lane Munsterville, NY 00000 Click here for Audio
  • 13. Content of Advertising: Individual and Team Logos • Teams, Associate Brokers and Salesperson may use different logos from their broker or brokerage so long as the broker or brokerages logo is also in the advertisement Vladimir “the Count” Dracula Lic. Assoc. Real. Est. Broker (666)333-1212 (Cellular) 13 Carfax Abbey Court Transylvania, NY 00000 FLY BY NIGHT REALTY 1313 Mockingbird Lane Munsterville, NY 00000 Click here for Audio
  • 14. Content of Advertising: Property Descriptions • Must be Honest and Accurate • Any reference to property as with the vicinity of a territory or geographic area must include the actual geographical location where property is located. • Licensees may not use a name to describe an area that would be misleading to the public. • NO AD MAY GUARANTEE FUTURE PROFITS Click here for Audio
  • 15. Type Of Advertising: Classified Ads: • Classified Ads must identify that Advertiser is a broker or brokerage or provide the broker’s name. • Classified Ads may omit the license type of any associate broker or salesperson named. • Classified Ads only apply to ads in Classified sections of print where the advertiser is paying by the inch, word or line. (This does not apply to Craigslist) Click here for Audio
  • 16. Type Of Advertising: Business Cards: • Must Contain the business address of the licensee. The Address that appears on your license. • Must contain the name of the Broker or Brokerage • They must also contain the telephone number for the licensee or team. Vladimir “the Count” Dracula Lic. Assoc. Real. Est. Broker (666)333-1212 (Cellular) FLY BY NIGHT REALTY 1313 Mockingbird Lane Munsterville, NY 00000 (666) 5551212 Click here for Audio
  • 17. Type Of Advertising: Web Based Advertising • Teams, Assoc. Brokers & Salespersons may maintain websites so long as authorized by their Broker and they remain subject to the Broker’s supervision. • Every page of the Website must include the information required by the guidelines (ie. The name and contact information for the broker) • The Homepage of the website must contain a link to the webpage of the Broker with whom they are associated, unless the Broker does not have a website Click here for Audio
  • 18. Type Of Advertising: Emails: • Initial Email from a Real Estate Broker, Assoc. Broker, Salesperson or Team to any “client or potential client” shall provide the information provided in these rules. • Such information can be omitted from subsequent email communications to the same recipient Click here for Audio
  • 19. Type Of Advertising: For Sale Signs: • On “For Sale” Signs, unless otherwise prohibited by local laws, any property listed by a broker must be advertised as such and any signage must identify the representative broker or brokerage FOR SALE FLY BY NIGHT REALTY Vladimir “the Count” Dracula Lic. Assoc. Real. Est. Broker (666)333-1212 (Cellular) No requirement to have the Telephone Number or Address of the Broker. Click here for Audio
  • 20. Type Of Advertising: Ads Referencing Property not Listed with the Broker • Any advertisement referencing or including a property that is not listed with the advertising broker or that was not sold by the advertising broker shall display the following disclaimer • “This advertisement does not suggest that the broker has a listing in this property or properties or that any property is currently available.” Click here for Audio
  • 21. Type Of Advertising: Ads Referencing Property not Listed with the Broker • These Advertisements shall not: (i) Suggest, directly or indirectly, that the advertising broker was involved in the transaction. (i.e. listing individual properties recently sold by other brokers) (ii) Refer to property currently listed with another broker absent consent provided by subdivision (b)(2)(b). (consent from the exclusive listing broker) Click here for Audio
  • 22. Type Of Advertising: Ads Referencing Property not Listed with Broker (EXAMPLE) Are you interested in buying a home in THE VILLAS AT BLACK LAGOON This beautifully desolate community offers numerous amenities and 1, 2, 3 and even 4 resting cell units to meet the needs of your coven, pack or brood. Hurry, you will be dying to move right in! FLY BY NIGHT REALTY 1313 Mockingbird Lane Munsterville, NY 00000 Vladimir “the Count” Dracula Lic. Assoc. Real. Est. Broker (666)333-1212 (Cellular) This advertisement does not suggest that the broker has a listing in this property or properties or that any property is currently available. Click here for Audio
  • 23. TEAMS: Team Names: • Team Names shall either: (i) Include the full licensed name of the real estate brokers, associate brokers or salespersons who are part of said team. (ii) If the names are not included, the team name must be immediately followed by “at/of [full name of the broker/brokerage]” • Team names must use the term “team”, any use of terms such as associate, realty or group is prohibited as is use of the name of an unlicensed individual. Any advertisement naming unlicensed individuals must clearly and conspicuously state which individuals are licensed and which ones are not. The Three Bloody Sisters Team at Fly By Night Realty The Morticia and Gomez Spouses Who Sell Houses Team of Fly By Night Realty The Vladimir Dracula & Frank N. Stein Team The Operatic Phantom Team of Fly By Night Realty The Vladimir Dracula Team Click here for Audio
  • 24. TEAMS: Team Names: • For Existing Teams…. For 12 months after adoption of the regulation (Until January 2, 2015), Teams that have changed their name to comply with this provision shall be entitled to state in advertisements under their new name that they were “formerly known as” their prior team name. The Three Bloody Sisters Team of Fly By Night Realty: Formerly known as the Brides of Dracula The Vladimir Dracula Team…. Formerly known as the Bloodsucker Bunch. Click here for Audio
  • 25. THE NEW N.Y.S. ADVERTISING GUIDELINES Restructuring your Real Estate Brokerage Advertising Campaigns Click here for Audio