Marketing, advertising and business development
This domain tests how a registrant markets property, themselves and their business without breaching advertising, privacy or competition rules. Questions target required advertising content, consent for electronic marketing, use of client information and images, and defensible business-development practices.
Advertising rules
All advertising must be truthful, clear and not misleading, and must include the registered name of the brokerage. A salesperson may use their registered name; a team name must be registered with RECO and shown together with the brokerage name. Do not advertise another brokerage's listing without permission, and never claim a sale or price you cannot support. A "sold" claim should reflect a firm deal, not a conditional one.
Consent, privacy and competition
CASL requires consent, sender identification and an unsubscribe mechanism in commercial electronic messages; PIPEDA governs how you collect, use and disclose personal information. The Competition Act prohibits agreeing with competitors on commission or dividing markets. Obtain client consent before using their photographs, testimonials, sold price or contact details in marketing.
Business development that survives scrutiny
Databases, geographic farming, open houses, referrals and purchased leads are all legitimate, but each has a compliance edge: referral fees must be disclosed, lead vendors must not imply a relationship you do not have, and soliciting buyers who are already under a representation agreement is restricted.
Worked example
A salesperson posts a short video of a listing's kitchen captioned "Just sold in the Beaches - call me!" with no brokerage name. There are two problems: the advertisement omits the brokerage's registered name, and "just sold" is unsupported if the deal is still conditional. The fix is to add the brokerage name and say "conditionally sold", or wait until the deal is firm.
Traps
- Using a nickname or team brand as the only name in an advertisement.
- Buying an email list and messaging it without CASL consent.
- Publishing a sold price the client never agreed to release.
- Failing to keep copies of advertising for the record-keeping period.