Current through Rules and Regulations filed through March 20, 2024
(1)
Definitions.
(a)
Advertising or
Advertisement.For the purposes of this Rule, the term "advertising" or
"advertisement" means any manner, method, or activity by which a licensee
through the use of any media makes known to the general public real estate for
sale, rent, lease, or exchange.
(b)
Media. For the purposes of this Rule, the term "media" includes,
but is not limited to, print, photographs, broadcast, and the Internet
including, but not limited to, such examples as newspapers, magazines, flyers,
posters, business cards, billboards, radio, videos, television, signs
(including office, directional,"for sale," "for lease," "sold," or vehicle
signs), newsletters, voicemail, email, facsimile transmissions, Internet
websites, blogs, video blogs, property listing database services, email
farming, news groups, discussion lists, bulletin boards, social
networking/social media, instant text messages, multimedia advertising, banner
ads, pop-ups, and similar media.
(2)
Misleading Advertising. Any
advertising that is misleading or inaccurate in any material fact or in any way
misrepresents any real estate is prohibited. Whenever a licensee becomes aware
that a principal with whom the licensee's firm has a brokerage engagement is
advertising to sell, buy, rent, lease, or exchange real estate in such a manner
that is inconsistent with this rule, the licensee must immediately take steps
to stop the advertising until it complies with this rule.
(2.1)
Advertising by Affiliated
Licensees. All advertising by associate brokers, salespersons, and
community association managers must be under the direct supervision of their
broker and in the name of their firm.
(3)
Written Permission to
Advertise. A licensee shall not advertise any real estate for sale,
rent, lease, or exchange unless the licensee has first secured the written
permission of the owner, the owner's authorized agent, or the owner of a
leasehold estate. When such permission is granted, a licensee advertising real
estate that is listed with another firm shall clearly and conspicuously
disclose that fact and the name of the listing firm unless the listing firm has
expressly agreed in writing to waive those clear and conspicuous
disclosures.
(4)
Discriminatory Advertising Prohibited. A licensee shall not advertise to
sell, buy, exchange, rent, or lease real estate when such advertisement is
directed at or referred to persons of a particular race, color, religion, sex,
handicap, familial status, or national origin. The contents of any
advertisement must be confined to information relative to the real estate
itself, and any advertisement that is directed at or referred to persons of any
particular race, color, religion, sex, handicap, familial status, or national
origin is prohibited.
(5)
Internet Advertising. In addition to the unfair trade practices found in
O.C.G.A. §
43-40-25(b)(1),(2),(11),(12) and
(21) or any other requirements found in this
Rule, any advertising on the Internet by a licensee of real estate for sale,
rent, lease, or exchange shall disclose the name and telephone number of the
licensee's firm on every viewable web page of a website except as herein
otherwise provided.
(a) When advertising in
electronic messages of limited information or characters, a license shall
provide a direct link to a display that is in compliance with this
Rule.
(b) When advertising real
estate for sale, rent, lease or exchange on an internet website not owned or
controlled by the licensee or firm with which the licensee is affiliated and
that website's terms of use limit the licensee's ability to comply with this
paragraph, the advertising shall provide a direct link to a display that is in
compliance with this Rule on every viewable webpage of the website.
(c) Information on a website maintained by a
licensee that is outdated shall be updated or removed from the website within
thirty (30) days of the information becoming outdated.
(d) If a licensee's website is maintained by
an authorized third party (other than its firm or its franchisor's webmaster),
the licensee shall provide to the third party, a timely written notice, by
mail, fax, or electronic means, of any updates to outdated information or
information to be removed from the website, so that such updates or information
removal may be accomplished in accordance with this Rule. A licensee who
provides such timely notice shall not be in violation of this Rule if the third
party fails to effect an information change as notified.
(e) The requirements of this Rule apply to
advertising and information on a website that is within the licensee's
ownership or direct control. No licensee shall be responsible for any
information taken from the licensee's website, or other advertising, if placed
on a website, or in other advertising outside the licensee's ownership and/or
direct control and without the licensee's consent.
(6)
Trade Names and Franchise
Names. For purposes of this rule the term trade name shall include trade
mark and service mark; and the term advertising shall include, but is not
limited to, advertising done by others on behalf of the licensee.
(a) Any firm using a trade name or any
franchisee in advertising specific real estate for sale in any media shall
clearly and unmistakably include the firm's name as registered with the
Commission in a manner reasonably calculated to attract the attention of the
public. The firm's name shall appear adjacent to any specific real estate the
firm advertises for sale so that the public may unmistakably identify the firm
listing the specific real estate. In advertising real estate for sale, rent, or
exchange, the name of the firm offering the real estate for sale, rent, or
exchange shall appear in equal or greater size, prominence, and frequency than
the name or names of any affiliated licensees or groups of licensees.
(b) Any firm using a trade name or any
franchisee shall clearly include the firm's name as registered with the
Commission on any contracts or other documents relating to a real estate
transaction.
(c) Any firm using a
trade name or any franchisee shall clearly include the firm's name as
registered with the Commission on office signs.
(7)
Firm Names and Telephone Numbers
in Advertising. In advertising specific real estate for sale, rent, or
exchange in any media:
(a) firms must include
in the advertisement a name of the firm as registered with the Commission and a
telephone number for the firm, except when complying with lawful restrictions
(such as covenants or local governmental ordinances) that forbid the use of the
firm's name on a particular type of sign;
(b) the name of the firm advertising the real
estate for sale, rent, or exchange shall appear in equal or greater size,
prominence, and frequency than the name or names of any affiliated licensees or
groups of licensees;
(c) the firm's
telephone number shall appear in equal or greater size, prominence, and
frequency than the telephone number of any affiliated licensee or groups of
licensees, and it must be a number at which the public can reach a broker or a
manager of the firm without going through the affiliated licensee(s) listed in
the advertisement;
(d) whether
contained in a logo or standing alone, the name of the firm must be in equal or
greater size, prominence, and frequency than the name of any affiliated
licensee or group of licensees; and
(e) a block advertisement in any print media
that advertises various listings of a firm and includes the name of the listing
agent next to each listing shall be in compliance with this rule if the name of
the firm appears only once at the top of the advertisement in equal or greater
prominence and print size than any of the listing agent's names. The firm's
name may be located in other positions in such block advertisements if the firm
name appears clearly larger and more prominently than the name of any other
licensee in the advertisement.
(8)
Licensees Advertising as
Principals. A licensee shall not advertise to sell, buy, exchange, rent,
or lease real estate in a manner indicating that the offer to sell, buy,
exchange, rent, or lease such real estate is being made by a private party not
licensed by the Commission.
Every associate broker, salesperson, and community association
manager is prohibited from advertising under the licensee's individual name to
buy any real estate or offer for sale, rent, or lease any real estate. All
advertising by associate brokers, salespersons, and community association
managers must be under the direct supervision of their broker and in the name
of their firm. However, when a licensee wishes to advertise real estate owned
by the licensee and which is not under a brokerage engagement, the licensee may
do so provided:
1. if the licensee's
license is affiliated with a firm, the broker holding the licensee's license
has been notified in writing of the specific real estate to be
advertised;
2. if the licensee's
license is affiliated with a firm, the broker gives written consent to
advertising the specific real estate and approves the advertisement itself;
and
3. regardless of whether the
licensee's license is affiliated with a firm or on inactive status, any
advertisement must include either (a) the legend "seller, buyer, landlord,
tenant (select the appropriate name) holds a real estate license" or (b) the
legend "Georgia Real Estate License # (insert licensee's six digit number; for
example,000001)." "Georgia Real Estate License" may be abbreviated to "GA R. E.
Lic.."
(9)
Licensees Advertising Approved Schools. A licensee shall not advertise
that such licensee offers, sponsors, or conducts Commission approved courses or
that such licensee offers, sponsors, or conducts Commission approved courses in
conjunction with an approved school or other approved organization unless the
licensee is approved by the Commission to offer such courses.
(10) Notwithstanding any other provision of
this Rule, a licensee shall make every reasonable attempt in advertising to
assure the public knows that they are being contacted by a
licensee.
O.C.G.A. Secs.
43-40-2,
43-40-3,
43-40-7,
43-40-12,
43-40-14,
43-40-16,
43-40-19,
43-40-20,
43-40-27,
43-40-27.1.
