Current through September 16, 2024
1. In addition to satisfying the requirements
set forth in
NRS
645.315:
(a) An advertisement of the services of a
licensee for which a license is required under chapter 645 of NRS must not be
false or misleading.
(b) Except as
otherwise provided in this paragraph, a licensee shall not use his or her name
or telephone number or the name or telephone number of another licensee of the
brokerage firm with which the licensee is associated in any advertisement which
contains the words "for sale by owner," "for lease by owner" or similar words.
A licensee may use his or her name or telephone number in an advertisement for
property if the licensee has an ownership interest in the advertised property
and the advertisement contains:
(1) If the
licensee is a real estate broker, the words "for sale by owner-broker," "for
lease by owner-broker" or substantially similar words; or
(2) If the licensee is an agent, the words
"for sale by owner-agent," "for lease by owner-agent" or substantially similar
words.
(c) The name of a
brokerage firm under which a real estate broker does business or with which a
real estate broker-salesperson or salesperson is associated must be clearly
identified with prominence in any advertisement. In determining whether the
name of the brokerage firm is identified with prominence, the Division shall
consider, without limitation, the style, size and color of the type or font
used and the location of the name of the brokerage firm as it appears in the
advertisement.
(d) A licensee shall
not publish or cause to be published any advertisement or place any sign that
makes any reference to the availability of a specific property which is
exclusively listed for sale by another broker unless the licensee obtains the
prior written consent of the broker with whom the property is listed. Such
consent must not be given or withheld by the listing broker without the
knowledge of the owner of the property.
(e) Except as otherwise provided in this
paragraph, a licensee shall, in a conspicuous way, include his or her license
number in any advertisements. A licensee may, but is not required to, include
any:
(1) Preceding zeros at the beginning of
the license number; or
(2) Letters
after the period following the license number.
2. If advertising under the name of a
franchise, a broker shall incorporate in a conspicuous way in the advertisement
the real, fictitious or corporate name under which the broker is licensed to
engage in business and an acknowledgment that each office is independently
owned and operated.
3. In addition
to the provisions of paragraph (a) of subsection 1, a licensee who represents a
seller or lessor under an exclusive agency listing agreement or an exclusive
right to sell or lease listing agreement shall not advertise any property that
is subject to the agreement as "for sale by owner" or otherwise mislead a
person into believing that the licensee does not represent the seller or
lessor.
4. As used in this section,
"advertisement" includes, without limitation:
(a) Any unsolicited printed media, sales
literature, brochures or flyers and any broadcast media made by radio,
television or electronic means, including, without limitation, by unsolicited
electronic mail and social media, the Internet, billboards and signs;
and
(b) Business cards, stationery,
forms and other documents used in a real estate transaction.
Real Estate Adv. Comm'n, §
VII subsecs. 2 & 3, eff. 10-31-75-NAC A by Real Estate Comm'n, 8-21-81;
12-16-82; 4-27-84; 12-27-91; A by Real Estate Div., 3-1-96; A by Real Estate
Comm'n by R186-99, 1-21-2000; R111-01, 12-17-2001; R031-04, 11-30-2004;
R165-07, 4-17-2008; A by
R060-20A,
eff. 12/29/2020
NRS
645.050 and
645.190
