Section 4 - 6 of the Rules requires that all advertising must include
the licensee name of the brokerage in a prominent and easily readable way.
The licensee name of the brokerage / licensee / personal real estate corporation / team must be reflected as registered by the Council.
(2) In all cases,
the licensee name of the brokerage must be displayed in a prominent and easily readable way.
Not exact matches
The Rhode Island Department
of Business Regulation Notice states that
licensees may not advertise in a way that is misleading, the advertising must include the
brokerage name, and the advertising may not imply common ownership among
licensees.
In Tennessee, the
brokerage firm
name must appear in letters the same size or larger than the
name of the
licensee or team.
All such advertisements must include the
name of the
brokerage with which the
licensee is engaged.
For a
brokerage, its
licensee name is either the legal
name of the
brokerage, or the trade
name of the
brokerage if that trade
name has been approved by the Council and been registered with the Registrar
of Companies.
Provisions that require that all advertisements must include the
name of a
brokerage, prevent a
licensee from advertising on behalf
of a developer, or, on a
licensee's own behalf, to sell his or her own real estate.
House Bill 1453 and Senate Bill 824 Real Estate
Licensees - Verification
of Service Provider Licensing Status states that a
licensee of the State Real Estate Commission need not verify that a specified service provider is currently licensed by the state to perform the services if the
licensee offers the
name of the service provider to a client in the provision
of real estate
brokerage services.
If the Council approves a team
name for a group
of related
licensees, real estate advertising may also identify the group by its team
name (section 4 - 6
of the Rules); e.g. «The AV Team,» where «The AV Team» is neither the licensed
brokerage nor a registered trade
name.
However, if a
licensee posts a video blog on any other website, such as YouTube, the
name of the
brokerage must be in the title or description
of the video.
This is rather like
licensees introducing themselves to a consumer at an open house; they identify themselves as a real estate
licensee and present a business card with the
name of their
brokerage displayed.
Provided that the
name of the
licensee's
brokerage is prominently displayed and easily readable on the website where the video is posted, it is not required that the
licensee include the
name of his or her
brokerage on each blog segment.
Using Twitter or Facebook as examples, only the
licensee's main profile screen is required to contain the
name of the
licensee's related
brokerage.
(2) In addition to the obligation under subsection (1), a managing broker, associate broker or representative must clearly indicate the
licensee name of their related
brokerage in the course
of providing real estate services.
(b) does not, in any real estate advertising with respect to the real estate, indicate the
name, address or telephone number
of their related
brokerage or
of any place where the
licensee is engaged in their capacity as
licensee; and
9 DOS 94 Matter
of DOS v. Shane - motion for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure
of reserving right to file post-hearing memorandum
of law; MLS form listing agreements are acceptable; individual license not sufficient to allow acting as representative
of corporate
licensee - need affiliated license; agreements procured by individual acting under
name of firm but without affiliated license are illegal and unenforceable - no
brokerage fee can be claimed; misrepresentation and execution
of unauthorized extension; misrepresentation
of law (distinction between canceling agency authority and abiding contract rights); RPL § 443 controls the disclosures required
of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy
of agreement (19 NYCRR 175.12); inadvertence considered in determining penalty
107 DOS 98 Matter
of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden
of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service
of a notice
of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal
of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision
of RPL § 441 (2); ex parte hearing is permissible upon proof
of proper notice
of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time
of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2);
licensee operated a real estate
brokerage business under an unlicensed
name;
licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given;
licensee's illegal exercise
of right
of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden
of proof to establish
licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount
of $ 1,900 plus interest, fine
of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof
of payment
of restitution
168 DOS 98 Matter
of DOS v. Briggs — due process; failure to appear at hearing; proper business practices; ex partehearing may proceed upon proof
of proper service;
licensee changed location
of principal place
of business without notice to DOS and operated a real estate
brokerage business under an unlicensed
name; real estate services rendered on behalf
of an unlicensed entity are illegal; $ 500.00 fine, failure to timely pay fine will result in suspension
In South Carolina,
licensee advertising must identify the
name of the affiliated
brokerage firm.
If you're tempted to provide real estate services outside
of your
brokerage, whether it's as a favour for a friend or for profit, remember: as a real estate
licensee you may conduct real estate activities only in the
name of your related
brokerage, and only in the specific categories for which you are licenced.
(b) does not, in any real estate advertising with respect to the real estate, indicate the
name, address or telephone number
of their related
brokerage or
of any place where the
licensee is engaged in their capacity as
licensee; and (c) does not provide any real estate services to the other party, or receive from the other party any remuneration with respect to real estate services, in relation to the acquisition or disposition
of the real estate.
Licensees are able to represent a developer in their marketing efforts, but these services must be provided in the
name of and on behalf
of their related
brokerage.
Note: A proposed amendment to section 4 - 6
of the Council Rules, removing the requirement for advertising by
licensees to include the
brokerage name in a «prominent and easily readable way,» was not approved by the Council at this time and has been referred back to the Council's Trading Services Advisory Group for further study.
The Council reminds any current
licensees who may be providing this kind
of service that all real estate services must be provided in the
name of and on behalf
of the
licensee's related
brokerage.
As a
licensee, you may only solicit
names of persons who are interested in acquiring or disposing
of real estate in the
name of the
brokerage with which you are licensed.