1. THE NEW N.Y.S. ADVERTISING GUIDELINES Restructuring your
Real Estate Brokerage Advertising Campaigns Click here for
Audio
2. Overview of the Guidelines The Advertising Guidelines were
just adopted by the N.Y. D.O.S. Real Estate Board on April 24,
2013. The DOS is charged with assuring Licensees do not promulgate
untruthful advertising or misrepresentations. These are the agencys
rules as to how they enforce their statutory charge. Further
General Business Law requires that all brokers identify themselves
as such in any and all advertisements The new guidelines will
officially take effect of January 2, 2014. It is suggested that
every licensed Real Estate Brokerage and Licensee review their
advertising and marketing materials and strategies to assure
compliance prior to 2014. Click here for Audio
3. The Basic Definitions: Advertising & Advertisements
Promotions or Solicitations related to licensed real estate
activity. Via mail, telephone, websites, email, electronic bulletin
boards, business cards, signage, billboards, flyers and any other
means. Shall not include commentary made by a licensee not related
to promoting licensed real estate activity. Click here for
Audio
4. The Basic Definitions: Real Estate Team: Two or more
persons. One of whom must be a licensed associate broker or
salesperson. All of whom are associated with the same licensed
broker or brokerage. Who hold themselves out to operate as a team.
Click here for Audio
5. The Basic Definitions: Logo: A graphic mark used to identify
a real estate broker, associate broker, salesperson or team Not a
photograph of a licensee. That is used or contained in advertising.
Click here for Audio
6. Placing Advertisements: Only a Real Estate Broker is
permitted to place or cause to be published advertisements related
to the sale or lease of property. Associate Brokers, Salesperson
and Teams shall only advertise properties listed by the Broker with
whom they are associated and only with the Approval of that Broker.
Click here for Audio
7. Authorization to Advertise No Property shall be advertised
without the authorization from the owner of the property No Broker
may advertise a property that is the subject of an exclusive
listing held by another broker without the listing brokers
permission. Photographs of Property posted on a Brokers website may
not be used or reproduced without the written permission of the
copyright holder. Click here for Audio
8. Content of Advertising: Broker Name and Contact Info: Ads
must indicate the advertiser is a real estate broker or provide the
name of the broker or brokerage. Ads must also provide either (1)
the full address of the broker or brokerage, or (2) the telephone
number of the broker or brokerage FLY BY NIGHT REALTY 1313
Mockingbird Lane Munsterville, NY 00000 Real Estate Broker (666)
555-1212 or FLY BY NIGHT REALTY (666) 555-1212 Click here for
Audio
9. Content of Advertising: Names of Associated Licensees May be
included but where included the full name of the Broker or
Brokerage must be in the Advertisement. Vladimir Dracula Lic.
Assoc. Real Est. Broker FLY BY NIGHT REALTY 1313 Mockingbird Lane
Munsterville, NY 00000 Click here for Audio
10. Content of Advertising: Nicknames of Licensees Full Names
must be used as licensed with D.O.S. Nicknames may be included so
long as the full name is listed clearly and conspicuously Vladimir
The Count Dracula Lic. Assoc. Real Est. Broker FLY BY NIGHT REALTY
1313 Mockingbird Lane Munsterville, NY 00000 Click here for
Audio
11. Content of Advertising: License Types With the Exception of
some Classifieds, Ads must state the type of license held by the
licensee named. Licensees may abbreviate the License Type so long
as the same is not misleading Use of titles like sales associate,
licensed sales agent, broker is prohibited Licensees with
additional titles and designations are permitted to advertise the
same. However be careful of recent DOS Opinions regarding Corporate
Titles utilized only for Marketing Purposes. Click here for
Audio
12. Content of Advertising: Contact Information: An Associate
Broker, Salesperson or Team may provide additional contact info in
an advertisement. Home Offices may be used if properly registered
with the NYS DOS Licensees may provide telephone numbers beside
that of brokerage office as long as the ad clearly identifies the
type of number (desk, cell, home, etc..) Vladimir the Count Dracula
Lic. Assoc. Real. Est. Broker (666)333-1212 (Cellular) 13 Carfax
Abbey Court Transylvania, NY 00000 FLY BY NIGHT REALTY 1313
Mockingbird Lane Munsterville, NY 00000 Click here for Audio
13. Content of Advertising: Individual and Team Logos Teams,
Associate Brokers and Salesperson may use different logos from
their broker or brokerage so long as the broker or brokerages logo
is also in the advertisement Vladimir the Count Dracula Lic. Assoc.
Real. Est. Broker (666)333-1212 (Cellular) 13 Carfax Abbey Court
Transylvania, NY 00000 FLY BY NIGHT REALTY 1313 Mockingbird Lane
Munsterville, NY 00000 Click here for Audio
14. Content of Advertising: Property Descriptions Must be
Honest and Accurate Any reference to property as with the vicinity
of a territory or geographic area must include the actual
geographical location where property is located. Licensees may not
use a name to describe an area that would be misleading to the
public. NO AD MAY GUARANTEE FUTURE PROFITS Click here for
Audio
15. Type Of Advertising: Classified Ads: Classified Ads must
identify that Advertiser is a broker or brokerage or provide the
brokers name. Classified Ads may omit the license type of any
associate broker or salesperson named. Classified Ads only apply to
ads in Classified sections of print where the advertiser is paying
by the inch, word or line. (This does not apply to Craigslist)
Click here for Audio
16. Type Of Advertising: Business Cards: Must Contain the
business address of the licensee. The Address that appears on your
license. Must contain the name of the Broker or Brokerage They must
also contain the telephone number for the licensee or team.
Vladimir the Count Dracula Lic. Assoc. Real. Est. Broker
(666)333-1212 (Cellular) FLY BY NIGHT REALTY 1313 Mockingbird Lane
Munsterville, NY 00000 (666) 5551212 Click here for Audio
17. Type Of Advertising: Web Based Advertising Teams, Assoc.
Brokers & Salespersons may maintain websites so long as
authorized by their Broker and they remain subject to the Brokers
supervision. Every page of the Website must include the information
required by the guidelines (ie. The name and contact information
for the broker) The Homepage of the website must contain a link to
the webpage of the Broker with whom they are associated, unless the
Broker does not have a website Click here for Audio
18. Type Of Advertising: Emails: Initial Email from a Real
Estate Broker, Assoc. Broker, Salesperson or Team to any client or
potential client shall provide the information provided in these
rules. Such information can be omitted from subsequent email
communications to the same recipient Click here for Audio
19. Type Of Advertising: For Sale Signs: On For Sale Signs,
unless otherwise prohibited by local laws, any property listed by a
broker must be advertised as such and any signage must identify the
representative broker or brokerage FOR SALE FLY BY NIGHT REALTY
Vladimir the Count Dracula Lic. Assoc. Real. Est. Broker
(666)333-1212 (Cellular) No requirement to have the Telephone
Number or Address of the Broker. Click here for Audio
20. Type Of Advertising: Ads Referencing Property not Listed
with the Broker Any advertisement referencing or including a
property that is not listed with the advertising broker or that was
not sold by the advertising broker shall display the following
disclaimer This advertisement does not suggest that the broker has
a listing in this property or properties or that any property is
currently available. Click here for Audio
21. Type Of Advertising: Ads Referencing Property not Listed
with the Broker These Advertisements shall not: (i) Suggest,
directly or indirectly, that the advertising broker was involved in
the transaction. (i.e. listing individual properties recently sold
by other brokers) (ii) Refer to property currently listed with
another broker absent consent provided by subdivision (b)(2)(b).
(consent from the exclusive listing broker) Click here for
Audio
22. Type Of Advertising: Ads Referencing Property not Listed
with Broker (EXAMPLE) Are you interested in buying a home in THE
VILLAS AT BLACK LAGOON This beautifully desolate community offers
numerous amenities and 1, 2, 3 and even 4 resting cell units to
meet the needs of your coven, pack or brood. Hurry, you will be
dying to move right in! FLY BY NIGHT REALTY 1313 Mockingbird Lane
Munsterville, NY 00000 Vladimir the Count Dracula Lic. Assoc. Real.
Est. Broker (666)333-1212 (Cellular) This advertisement does not
suggest that the broker has a listing in this property or
properties or that any property is currently available. Click here
for Audio
23. TEAMS: Team Names: Team Names shall either: (i) Include the
full licensed name of the real estate brokers, associate brokers or
salespersons who are part of said team. (ii) If the names are not
included, the team name must be immediately followed by at/of [full
name of the broker/brokerage] Team names must use the term team,
any use of terms such as associate, realty or group is prohibited
as is use of the name of an unlicensed individual. Any
advertisement naming unlicensed individuals must clearly and
conspicuously state which individuals are licensed and which ones
are not. The Three Bloody Sisters Team at Fly By Night Realty The
Morticia and Gomez Spouses Who Sell Houses Team of Fly By Night
Realty The Vladimir Dracula & Frank N. Stein Team The Operatic
Phantom Team of Fly By Night Realty The Vladimir Dracula Team Click
here for Audio
24. TEAMS: Team Names: For Existing Teams. For 12 months after
adoption of the regulation (Until January 2, 2015), Teams that have
changed their name to comply with this provision shall be entitled
to state in advertisements under their new name that they were
formerly known as their prior team name. The Three Bloody Sisters
Team of Fly By Night Realty: Formerly known as the Brides of
Dracula The Vladimir Dracula Team. Formerly known as the
Bloodsucker Bunch. Click here for Audio
25. THE NEW N.Y.S. ADVERTISING GUIDELINES Restructuring your
Real Estate Brokerage Advertising Campaigns Click here for
Audio