Advertising
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Advertising Laws for Realtors in Florida

A look at what you can — and can't — do promote your real estate business in the state of Florida.

Newspaper ads

Newspaper ads for agents do not have to include a telephone number unless the brokerage office policy requires it. (Rule 61J2-10.025, Florida Administrative Code)

Nicknames

Many agents use nicknames. If they wish to use a nickname in advertising, they should include it in quotation marks after their first name or first initial. For example: John “Johnny” Johnson or J. “Johnny” Johnson. Any time an agent’s name appears in an advertisement, it must use the last name as it is registered with the Florida Real Estate Commission. (61J2-10.025(2), Florida Administrative Code)

Websites and online ads

Internet ads and websites must display the brokerage company’s licensed name above, below or adjacent to the point of contact information. Point of contact information could be a brokerage or licensee’s mailing and/or physical addresses, email addresses and telephone or fax numbers or any other means by which an individual would contact the brokerage or individual licenseeIf the office email address, telephone number, and address are located at the top and bottom of the website’s homepage, the licensed name of the brokerage firm must appear in both places.(Section 61J2-10.025(3)(a), Florida Administrative Code)

Business cards

Business cards are a form of advertising, so they must include the licensed name of the brokerage firm. If the cards include a licensee’s personal name, the person’s last name must appear as it is registered with the Florida Real Estate Commission. The card may not include any fraudulent, false, deceptive or misleading information, and it must make clear that they are dealing with a real estate licensee. (61J2-10.025(1) and (2), Florida Administrative Code)

Advertising rebates

A licensee may share brokerage compensation with a party to a transaction as long as full disclosure is given to all interested parties. Any advertising about this rebate must not be false, fraudulent, deceptive or misleading and should clarify any conditions or limitations that apply. (Florida Real Estate Commission (FREC) Rule 61J2-10.028(2) and 61J2-10.025)

Mailings

If an agent sends a mass mailing to all residents in a condominium complex, there is no need to include a disclaimer informing recipients who have already listed their property to ignore the advertisement. it is not an ethical violation for a Realtor to send a “general mailing … addressed to all prospects in a given geographical area,” even though some of the prospects may already be exclusively represented by other Realtors. (National Association of Realtors Code of Ethics Standard of Practice 16-2)