Tenn. Comp. R. & Regs. 1260-02-.12 - ADVERTISING
(1) All advertising, regardless of its nature
and the medium in which it appears, which promotes either a licensee or the
sale or lease of real property, shall conform to the requirements of this rule.
The term "advertising," for purposes of this rule, in addition to traditional
print, radio, and television advertising, also includes, but is not limited to,
sources of communication available to the public such as signs, flyers,
letterheads, e-mail signatures, websites, social media communications, and
video or audio recordings transmitted through internet or broadcast streaming.
Advertising does not include promotional materials that advertise a licensee
such as hats, pens, notepads, t-shirts, name tags, business cards, and the
sponsorship of charitable and community events.
(2) For purposes of this rule, the term "firm
name" shall mean either of the following:
(a)
The entire name of the real estate firm as licensed with the Commission;
or
(b) The d/b/a name, if
applicable, of the real estate firm as licensed with the Commission.
(3) General Principles
(a) No licensee shall advertise to sell,
purchase, exchange, rent, or lease property in a manner indicating that the
licensee is not engaged in the real estate business.
(b) All advertising shall be under the direct
supervision of the principal broker and shall list the firm name and the firm
telephone number as listed on file with the Commission. The firm name must
appear in letters the same size or larger than those spelling out the name of a
licensee or the name of any team, group or similar entity.
(c) Any advertising which refers to an
individual licensee must list that individual licensee's name as licensed with
the Commission.
(d) No licensee
shall post a sign in any location advertising property for sale, purchase,
exchange, rent or lease, without written authorization from the owner of the
advertised property or the owner's agent.
(e) No licensee shall advertise property
listed by another licensee without written authorization from the listing agent
or listing broker.
(f) No licensee
shall advertise in a false, misleading, or deceptive manner. False, misleading,
and/or deceptive advertising includes, but is not limited to, the following:
1. Any licensee advertising that includes
only the franchise name without including the firm name;
2. Licensees who hold themselves out as a
team, group, or similar entity within a firm who advertise themselves utilizing
terms such as "Real Estate," "Real Estate Brokerage," "Realty," "Company,"
"Corporation," "LLC," "Corp.," "Inc.," "Associates," or other similar terms
that would lead the public to believe that those licensees are offering real
estate brokerage services independent of the firm and principal broker;
or
3. Any webpage that contains a
link to an unlicensed entity's website where said entity is engaged or appears
to be engaged in activities which require licensure by the
Commission.
(4) Advertising for Franchise or Cooperative
Advertising Groups
(a) Any licensee using a
franchise trade name or advertising as a member of a cooperative group shall
clearly and unmistakably indicate in the advertisement his name, firm name and
firm telephone number (all as registered with the Tennessee Real Estate
Commission) adjacent to any specific properties advertised for sale or lease in
any media.
(b) Any licensee using a
franchise trade name on business cards, contracts, or other documents relating
to real estate transactions shall clearly and unmistakably indicate his name,
firm name, and firm telephone number (all as registered with the
Commission).
(5)
Internet Advertising: In addition to all other advertising guidelines within
this rule, the following requirements shall also apply with respect to internet
advertising by licensees:
(a) The firm name
and the firm telephone number listed on file with the Commission must
conspicuously appear on each page of the website.
(b) Each page of a website which displays
listings from an outside database of available properties must include a
statement that some or all of the listings may not belong to the firm whose
website is being visited.
(c)
Listing information must be kept current and accurate. This requirement shall
apply to "First Generation" advertising as it is placed by the licensee and
does not refer to such advertising that may be syndicated or aggregated
advertising of the original by third parties outside of the licensee's control
and ability to monitor.
(6) Social Media Advertising
(a) For the purpose of this rule, "social
media" means internet-based applications or platforms that allow the public to
create and share content and information. Examples include, but are not limited
to: Facebook, Twitter, Instagram and LinkedIn.
(b) With regards to social media advertising
by licensees, the firm name and firm telephone number listed on file with the
Commission must be no more than one click away from the viewable
page.
(c) Listing information must
be kept current and accurate. This requirement shall apply to "First
Generation" advertising as it is placed by the licensee and does not refer to
such advertising that may be syndicated or aggregated advertising of the
original by third parties outside of the licensee's control and ability to
monitor.
(7) Guarantees,
Claims and Offers
(a) Unsubstantiated selling
claims and misleading statements or inferences are strictly
prohibited.
(b) Any offer,
guaranty, warranty or the like, made to induce an individual to enter into an
agency relationship or contract, must be made in writing and must disclose all
pertinent details on the face of such offer or advertisement.
Notes
Authority: T.C.A. ยงยง 62-13-203, 62-13-301, 62-13-310(b), and 62-13-312.
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