Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in this
rule, "advertising" and "advertisement" include all forms of meaningful
communication by or on behalf of a property manager designed to attract the
public to the use of services related to the management of rental real estate.
This includes, but is not limited to:
(a)
Print, including but not limited to mail, publications, brochures, postcards,
business cards, and stationery;
(b)
Signs, including but not limited to lawn signs, displays, and
billboards;
(c) Phone, including
but not limited to mobile phone, text messaging, cold calling, and outgoing
voicemail messaging;
(d) Broadcast
media, including but not limited to radio, television, podcasts, and video;
and
(e) Electronic media, including
but not limited to multiple listing services, websites, email, social media,
mobile apps, and other online marketing.
(2) Advertising shall:
(a) Be identifiable as advertising of a real
estate licensee;
(b) Be truthful
and not deceptive or misleading;
(c) Not state or imply that the licensee is a
principal broker or is responsible for operating the registered business if the
licensee is a real estate broker;
(d) Not state or imply that the licensee is
responsible for operating the registered business if the licensee is a
principal broker or licensed property manager but not the authorized licensee
for the registered business name as defined in OAR
863-024-0063;
(e) Not state or imply that the licensee is
qualified or has a level of expertise other than as currently maintained by the
licensee; and
(f) Be conducted for
the purpose of offering real estate for rent or lease under a property
management agreement with the property owner.
(3) Advertising that includes the licensee's
name shall use:
(a) The licensee's licensed
name;
(b) A common derivative of
the licensee's first name and the licensee's licensed last name; or
(c) An alternative name registered with the
Agency per OAR 863-024-XXXX and the licensee's license number.
(4) The registered business name,
as registered with the Agency, shall be immediately noticeable in all
advertising.
(5) Advertising in
electronic media is subject to the following requirements:
(a) Advertising shall comply with all other
requirements of this rule;
(b)
Advertising by a property manager shall include on its primary or home page:
(A) The licensee's name as required in
section (3) of this rule; and
(B)
The registered business name as registered with the Agency.
(c) Sponsored links, which are
paid advertisements located on a search engine results page, are exempt from
the requirements contained in subsection (b) of this section if the first page
following the link complies with subsection (a).
(d) An email or text message from a licensee
is exempt from the requirements of subsection (b) of this section if the
licensee's initial communication contained the information required by
subsection (a).
(e) Advertising on
social media is exempt from the requirements contained in subsection (b) of
this section if the advertising links to the account profile page or a separate
page that complies with subsection (b).
(6) No advertising may guarantee future
profits from any rental real estate.
Statutory/Other Authority: 696.385
Statutes/Other
Implemented:
