Firm Name Required in Advertising
QUESTION: I know that as a real estate agent, I can’t run a “blind” ad when I am advertising real estate for someone else, but must I include both my name and the name of my firm in the ad, or may I include one or the other?
ANSWER: Real Estate Commission Rule 58A.0105 provides that a broker “shall not advertise any brokerage services or the sale, purchase, exchange, rent, or lease of real estate for another or others…without including in the advertisement the name of the firm or sole proprietorship with which the broker is affiliated.” So, to be in compliance with the Real Estate Commission’s rule, you must include the name of your firm in the ad.
The REALTOR® Code of Ethics hold REALTORS® to the same standard. Standard of Practice 12-5 of the Code provides that “REALTORS® shall not advertise nor permit any person employed by or affiliated with them to advertise real estate services or listed property in any medium (e.g. electronically, print, radio, television, etc.) without disclosing the name of that REALTOR®’s firm in a reasonable and readily apparent manner…” Thus, it would be a violation of both the Real Estate Commission Rule and Article 12 of the Code of Ethics for you to run an ad for property or real estate services without disclosing your firm’s name in the ad. You would not have to include your name, too, although you certainly could.
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