Real Estate · Advertising and Marketing Rules

In a Facebook ad promoting a property, what information must typically be included to comply with most state real estate advertising laws?

Correct answer

The brokerage's name (firm name), as well as the agent's licensed name; this requirement applies even on social media platforms

  1. A Just the agent's first name
  2. B Only the listing price
  3. C The brokerage's name (firm name), as well as the agent's licensed name; this requirement applies even on social media platforms
  4. D Only the property address

Why this is the answer

Advertising disclosure rules apply across ALL media — including social media (Facebook, Instagram, TikTok, etc.), websites, email, signs, print, and broadcast. The fundamental rule is the BROKERAGE FIRM NAME must appear in any advertisement of real estate services. The agent's name should be their LICENSED NAME (the name on file with the state). MOST STATE REQUIREMENTS include: (1) Brokerage firm name displayed (the legal name as registered with the commission); (2) The brokerage name should be displayed with at least similar prominence as the agent's name in most states (some require equal prominence); (3) Agent's licensed name; (4) State-specific disclosures such as license number or 'Realtor' designation when applicable. The brokerage name CANNOT be hidden in fine print or omitted entirely. Some states are stricter, requiring: license number to appear; broker phone number; specific font size; disclosure of teams ('Smith Team of XYZ Realty'). SOCIAL MEDIA SPECIFIC issues: (1) Personal social media accounts that promote real estate services are advertisements and must include disclosures; (2) The agent's bio/profile should typically identify the brokerage; (3) Posts about specific listings must include brokerage; (4) Personal posts not promoting real estate generally don't require disclosure; (5) Sponsored ads on Facebook/Instagram must comply fully.

Team advertising: Teams must clearly identify their brokerage. The team name (e.g., 'The Smith Group') cannot stand alone — it must connect to the brokerage. Some states have specific team naming requirements. UNCONFIRMED PROPERTY listings: agents cannot advertise properties they don't have permission to advertise. They cannot advertise as if a property is theirs when it belongs to another brokerage (this is also a Realtor Code violation). 'COMING SOON' RULES vary by state and MLS — many require the seller's written permission and specific disclosure. The PENALTY for advertising violations is typically a fine and potentially license discipline. Advertisements should be reviewed before publication by the supervising broker.

Source: Advertising Disclosure Rules

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About this topic: Advertising and Marketing Rules

Advertising and marketing rules cover brokerage name requirements, team and individual advertising, internet and social media rules, and the prohibited claims and practices. This is one of 5 Broker (State Law) questions on advertising and marketing rules, each with a full explanation on a single study page.

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