Clear & Prominent ID of Employing Broker in Advertising
A licensee must ensure that all advertising identifies, in a clear and prominent manner, the employing broker’s legal name or the dba name contained on the employing broker’s license certificate. A.A.C. R4-28-502(E). The employing broker broker is the corporation, limited liability company, partnership or sole proprietorship licensed as the broker. The employing broker designates a natural person to act as the designated broker.
The rule requiring clear and prominent identification of the employing broker ensures that the public is made aware of the person or entity responsible for supervision. Although “clear and prominent” is a somewhat subjective term, it means “readily noticeable,” which may relate to size or position.
Consider the following rules and guidelines:
- The employing broker’s name must be included in all advertisements, including classified ads, real estate advertising guides, and other magazine ads.
- In advertising flyers, the employing broker’s name may be located on either the top or the bottom of the flyer however the employing broker’s name must be clearly legible.
- On any other promotional material the employing broker’s name must be on the front page or front of the object.
- The employing broker’s name must be visible on the front page of the website and each subsequent page of the website, without the necessity of scrolling down, regardless of the screen size of the computer.
- When advertising real property on social media, such as Facebook, the name of the employing broker must be stated. When advertising real property in “thumbnails”, text messages, “tweets”, etc., where stating the name of the employing broker firm is not practical, the advertising information being linked to must include the name of the employing broker.
- With team advertising it must be clear that the team is a part of the employing brokerage. For example, placing “The (Team Name) Team” at the top of the page in large letters with a much smaller brokerage symbol somewhere below is not sufficient.
- The employing broker’s name must be spelled out in its entirety. For example, if an employing broker’s legal or dba name on a license includes “Southeast Valley,” that is what must appear in the ad; simply saying “SE” is not sufficient.
- If the brokerage is an office of a franchise, the office must be identified; simply displaying the franchise name alone is not sufficient.
Lind, K. Michelle. Arizona Real Estate: A Professional’s Guide to Law and Practice – Third Edition
Xulon Press (pages 104-106). Kindle edition (location 2703-2727)
©2018 by K. Michelle Lind, Esq./Arizona REALTORS®
This post is of a general nature and reflects only the opinion of the author at the time it was drafted. It is not intended as definitive legal advice, and you should not act upon it without seeking independent legal counsel.Tags: A.A.C. R4-28-502, advertising, clear and prominent, Michelle Lind