Utah Admin. Code R162-2f-401h - Requirements and Restrictions in Advertising
(1) Except as provided for in Subsections (2)
and (3), a licensee shall not advertise or permit any person employed by or
affiliated with the licensee to advertise real estate services or property in
any medium without clearly and conspicuously identifying in the advertisement
the name of the brokerage with which the licensee is affiliated. The division
may not bring an action for enforcement of this subsection after the expiration
of four years following the occurrence of the violation.
(2) When it is not reasonable for a licensee
to identify the name of the brokerage in an electronic advertisement, the
licensee shall ensure the electronic advertisement directly links to a display
that clearly and conspicuously identifies the name of the brokerage.
(3) A licensee is not required to identify
the name of the brokerage with which the licensee is affiliated if:
(a) the licensee advertises a property not
currently listed with the brokerage with which the licensee is
affiliated;
(b) the licensee has an
ownership interest in the property; and
(c) the advertisement identifies the name of
the individual licensee as "owner-agent" or "owner-broker."
(4) The name of the brokerage
identified by a licensee in an advertisement shall be the name of the brokerage
as shown on division records.
(5) A
team, group, or other marketing entity which includes one or more licensees
shall be subject to the same requirements and restrictions with regard to
advertising as is an individual licensee.
(6)
(a) If
a licensee advertises a guaranteed sales plan, the advertisement shall include,
in a clear and conspicuous manner:
(i) a
statement that costs and conditions may apply; and
(ii) information about how to contact the
licensee offering the guarantee so as to obtain the disclosures required under
Subsection R162-2f-401a(23).
(b) Any radio or television
advertisement of a guaranteed sales plan shall include a conspicuous statement
advising if any conditions and limitations apply.
Notes
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