Current through Register Vol. 18, September 20, 2024
(1)
Licensees who engage in any form of Internet advertising, including, but not
limited to, web sites, blogs, video streaming, and social media, either
directly or indirectly, shall comply with the Internet advertising rules set
out in this rule. This rule does not apply to traditional forms of advertising
or promotion, such as newspaper, television, radio advertisements, yard signs,
or direct mailings.
(2) All
Internet advertising shall truthfully and accurately describe the real property
or service advertised. Real property advertisements shall identify the city,
town, or county in which the real property is located. A specific street
address is not required.
(3) All
Internet advertising shall provide licensee identification. The timing and
placement of such licensee identification shall vary, depending upon the nature
of the advertisement or promotion, as follows:
(a) Whenever a licensee or brokerage company
owns a web page or controls its content, every viewable page should include (or
link to) a licensee identification. (A viewable page is one that may or may not
scroll beyond the borders of the screen and includes the use of framed
pages.)
(b) E-mail shall include a
licensee identification at the beginning or end of each message, unless the
licensee has previously provided licensee identification to all recipients of
the e-mail.
(c) News groups,
discussion lists, and bulletin boards shall include licensee identification at
the beginning or end of each message.
(d) Licensee identification is not necessary
in connection with instant messages if the licensee provided the written
licensee identification via another format or medium (e.g., e-mail or letter)
prior to providing or offering to provide, licensable services.
(e) Licensee identification is required prior
to providing or offering to provide licensable services during a chat session
or in text visible on the same web page that contains a chat session if the
licensee or brokerage company controls the web site hosting the chat
session.
(f) Licensee
identification is required prior to the advertising message or in text visible
on the same web page that contains a voice over net (VON) session.
(g) Licensee identification is not necessary
for audible messaging if it was provided via another medium (i.e., e-mail,
letter) prior to providing or offering to provide licensable
services.
(h) Licensee
identification should be visible as part of the advertising message when using
multimedia advertising (e.g., web-based, executable e-mail, attachments,
etc.).
(i) Banner ads should link
to a web page that has licensee identification, unless the banner ad has
licensee identification contained in it.
(4) Licensees' Internet advertising may
include real properties on which neither the licensee nor the brokerage company
is the listing agent, so long as the listing agent has offered cooperation and
has consented to Internet advertising by the licensee engaging in the Internet
advertising, and the owners of the property have consented to the same.
(a) The offer of cooperation and consent to
Internet advertising may arise pursuant to the rules and regulations of a
multiple listing service in which the listing agent and the licensee, engaging
in the Internet advertising, are both participating (provided the multiple
listing system gives the listing agents the option of prohibiting Internet
advertising of some or all of their listings by some or all of the participants
on that multiple listing system) or by specific written agreement between
them.
(b) The owner's consent may
be included in the listing agreement and need not identify the specific
licensee to whom consent to Internet advertising is given.
(c) Licensees' Internet advertising of real
properties, on which neither the licensee nor the brokerage company is the
listing agent, must set forth as part of the property information, a statement
that the subject property is listed with another licensee or brokerage company
and shall identify the listing agent or brokerage company.
(d) The content of any property data obtained
from another listing agent or multiple listing system may not be changed in
whole or in part. However, such property data may be formatted differently, be
condensed, and further advertised if the advertisement contains the following
statement or similar language: "The foregoing material was abstracted from
another source and does not contain all of the information available at the
source site. Please request further information when considering this
property."
(e) No licensee shall be
responsible for errors or misrepresentations of others who reproduce or further
disseminate the information concerning the licensee's listings, unless the
licensee originated the error or misrepresentation and failed to update the
information.
(5) All
Internet advertising must be current as of the date of the advertisement and
must be updated within seven days in the event of material changes to the
listing, such as its expiration, termination, or amendment, and/or in the event
of material changes to the information otherwise found in the Internet
advertising. Internet advertising shall indicate the date on which it was
created and last updated.
(6) All
information, disclosures, statements, and the like required by this rule to be
included in a licensee's Internet advertising shall be displayed in a size,
color, typestyle, and location that a reasonable person will notice and be able
to read.
(7) The licensee is
responsible to assure the accuracy of Internet advertising published or
disseminated by another person or another party under the direction of the
licensee.
37-1-131,
37-51-203, MCA;
IMP,
37-1-131,
37-51-102,
37-51-103,
37-51-301,
37-51-321,
MCA;
