Real Estate Advertising: Required Disclosures and Misrepresentation
Advertising rules blend Article 12-A, DOS regulations, and fair housing. The core principle: an advertisement must not be false, misleading, or deceptive, and it must identify the brokerage responsible.
Who is responsible. Ads must include the licensed name of the brokerage as registered with DOS. A salesperson or associate broker may advertise under the brokerage's name and their own name, but may not advertise in a way that implies they are the brokerage or operate independently. Team names are permitted only within the brokerage structure and must not obscure the brokerage identity.
Accuracy requirements. Property descriptions must be accurate - square footage, bedroom count, and waterfront or view claims are frequent traps. "Legal" bedroom counts, lot size, and school-district claims should be verified, not assumed. Stating or implying a property is available when it is under contract or the listing has expired is misleading. Testimonials and "guarantees" must be truthful and not create unsubstantiated expectations.
Fair housing in ads. Advertising that indicates a preference or limitation based on a protected class violates fair housing law. Watch for coded language ("perfect for young professionals," "no children," "Christian community") and for selective use of models in imagery. Disability-related language should describe features ("step-free entry"), not make assumptions about occupants.
Internet and social media. Rules apply equally online. A licensee's personal social media post promoting a listing is advertising; it needs brokerage identification and must be accurate. Removing a listing promptly upon request is also expected.
Rule of thumb: every ad should pass three checks - Is the brokerage identified? Is every factual claim verifiable? Would any protected group read this as excluding them?