How timely… weekly we are getting screenshots of your lovely facebook and insta posts without brokerage branding. Save us a minute and read what is required on those posts!
Q: What Are The Advertising Requirements In Massachusetts Related To Social Media Platforms Like Instagram And Facebook?
A: Massachusetts real estate advertising laws apply fully to social media platforms, including Instagram, Facebook, TikTok, LinkedIn, YouTube, and X/Twitter. According to the Massachusetts Board of Registration of Real Estate Brokers and Salespersons, any social media post that markets a property, brokerage services, listings, open houses, or any real estate-related business activities is considered a real estate advertisement.
To comply with state regulations, all real estate advertising must clearly identify the licensed brokerage. This requirement includes posts, reels, stories, paid advertisements, video content, and team pages. The name of the brokerage must appear directly within the advertisement itself.
Additionally, Massachusetts law does not allow for “one-click-away” disclosures. Agents must not rely solely on profile bios, “about” sections, account names, landing pages, or external links for brokerage identification. Instead, the brokerage name should be included within the caption, image overlay, video overlay, or text of the advertisement itself.
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Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service. The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legal@marealtor.com.