NAR Internet Advertising Policy Model Internet Advertising Rule

Definitions

• Advertising or marketing real property – An Internet site which consists of information regarding properties which have been listed with a real estate brokerage, the identity of that real estate brokerage or licensee for each property and information related to those properties.
• Advertising or marketing of real estate brokerage services – An Internet site which includes an offer or solicitation to provide services related to marketing or identifying real property for sale or lease.

Agency Internet Requirements:

A licensed firm which has authorized advertising or marketing real property on a site on the Internet must include:

… on the page on which the firm’s advertisement or marketing appears the following data:

• the city in which the property being advertised or marketed is located;
• the firm’s name as registered with (name of real estate regulatory body, commission, board etc.) or the d/b/a (doing business as) name it has registered with the appropriate state/province agency, commonly recognized abbreviations are permitted; and
• if the firm does not hold a real estate brokerage license for the jurisdiction in which the property is located, the regulatory jurisdiction(s) in which the firm does hold a real estate brokerage license.

… on the firm’s home page or on a clearly identified link appearing on that page, the following data:

• the firm’s name as registered with (name of real estate regulatory body, commission, board etc.) or the d/b/a (doing business as) name it has registered with the appropriate state/province agency, commonly recognized abbreviations are permitted;
• the city and state/province in which the firm’s office is located; and
• the regulatory jurisdictions in which the firm holds a real estate brokerage license.

… in Internet electronic communications, such as e-mail, e-mail discussion groups, and bulletin boards, for advertising or marketing purposes, must include on the first or last page of all communications the following data:

• the firm’s name as registered with (name of real estate regulatory body, commission, board etc.) or the d/b/a (doing business as) name it has registered with the appropriate state/province agency, commonly recognized abbreviations are permitted;
• the city and state/province in which the firm’s office is located; and
• the regulatory jurisdictions in which the firm holds a real estate brokerage license.

Note: This rule shall not apply to communications between a licensed firm and a member of the public provided that: (i) the member of the public has sent a communication to the licensed firm; and (ii) that the licensed firm’s initial communication contained the information required above.

Agent Internet Requirements:

A licensee who has authorized advertising or marketing real property on a site on the Internet must include:

… on the page of the site on which the licensee’s advertisement or information appears the following data:

• the licensee’s name;
• the city in which the property being advertised or marketed is located;
• the name of the firm with which the licensee is affiliated as that firm name is registered with (name of real estate regulatory body, commission, board etc.) or the d/b/a (doing business as) name it has registered with the appropriate state/province agency, commonly recognized abbreviations are permitted; and
• if the licensee does not hold a real estate broker or salesperson license for the jurisdiction in which the property is located, the regulatory jurisdiction(s) in which the licensee does hold a real estate broker or salesperson license.

…on the home page or on a clearly identified link appearing on that page, the following data:

• the licensee’s name;
• the name of the firm with which the licensee is affiliated as that firm name is registered with (name of real estate regulatory body, commission, board etc.) or the d/b/a (doing business as) name it has registered with the appropriate state/province agency, commonly recognized abbreviations are permitted;
• the city and state/province in which the licensee’s office is located; and
• the regulatory jurisdiction(s) in which the licensee holds a real estate broker or salesperson license.

…in Internet electronic communications, such as e-mail, e-mail discussion groups, and bulletin boards, for advertising or marketing purposes, must include on the first or last page of all communications the following data:

• the licensee’s name;
• the name of the firm with which the licensee is affiliated as that firm name is registered with (name of real estate regulatory body, commission, board etc.) or the d/b/a (doing business as) name it has registered with the appropriate state/province agency, commonly recognized abbreviations are permitted;
• the city and state/province in which the licensee’s office is located; and
• the regulatory jurisdiction(s) in which the licensee holds a real estate broker or salesperson license.

Note: This rule shall not apply to communications between a licensee and a member of the public provided that: (i) the member of the public has sent a communication to the licensee; and (ii) that the licensee’s initial communication contained the information required above.

Review of Content:

A licensed entity advertising or marketing real property on a site on the Internet that is either owned or controlled by the licensed entity shall periodically, but not less than every thirty-one (31) days, review the advertising and marketing information on the site concerning real property listed by the licensed entity to assure it is current and not misleading.

Whenever information on properties listed by other licensed entities is displayed or distributed on a licensed entity’s site, the site shall disclose when the information was downloaded or that the information displayed or distributed is information currently available from another identified source.

Distribution and Display:

Licensed entities may display and distribute, electronically or otherwise, information about properties listed by other licensed entities only with the authorization of the listing broker.

This authorization may be express or, if both licensed entities participate in a cooperative service, may be set forth in the rules of that service. Licensed entities may not alter the online display or any information about the listing without the written permission of the listing broker.