5 B. Advertising Flashcards

• Advertising Flashcards

Advertising Real Estate in FloridaA person may not disseminate or cause to be disseminated by any means any false or misleading information for the purpose of offering for sale, or for the purpose of causing or inducing any other person to purchase, lease, or rent, real estate, acquire an interest in the title to real estate located in the state.- FREC does NOT requires that brokerage address or phone number be included in ads (except internet ads)- Licensee-Seller does NOT have to indicate in the ads that seller is a licensee, but once negotiations starts, it should be disclosed and indicated on the sales contract.- NAR requires that even if you are selling your own property, you need to tell the public that you are a real estate licensees- Broker is accountable for all false advertisement, including if it was made by a sales associate, if so, BOTH get penalized.- The Commission may discipline licensees who are guilty of false or misleading advertising- Misdemeanor of the 1st degree- Penalties $5,000 fine and up to 1 year of suspension Blind AdsBlind advertising occurs when an ad does not include the name of the company and other point of contact information.This illegal. A post office box number and phone number may be used only if other information is provided, including the name of the company as registered with FREC, the name of the principal broker, fax numbers, and office phone numbers.Schools AdvertisingNo representative of any school or institution coming within the provisions of this chapter shall promise or guarantee employment or placement of any student or prospective student using information, training, or skill purported to be provided, or otherwise enhanced, by a course or school as an inducement to enroll in the school, unless such person offers the student or prospective student a bona fide contract of employment agreeing to employ the student or prospective student.Telephone Exceptions1. I can call a prior business relationship person2. If the person call me, and i am returning the call (responding to an inquiry)3. If they advertise their Property (FSBO) For Sell By Owner Sold SignsBack in 2002, rule 61-J2-10.035, which forbids posting "sold" signs without the seller's consent, was repealed. A "sold" sign can now be posted during the period in which

the contract is pending. However, it is a good practice to obtain the permission of the seller before posting a sold sign. You'd look pretty foolish leaving a "sold" sign in the yard of a property which is still on the market.Examples of false or misleeding advertisement - Phone numbers not having: cell, office, etc wording.Who's number is it?- Ads with only POBOX, phone, and

address.- claims that pets are accepted when they are not- A property is in a gated community when there is no security or gate.- advertising an old listing in order to bring prospects to the office- That the offer is being made by a public individual instead of a licensee.

Telephone SolicitationFederal: National Do Not Call RegistryFlorida: No Solicitation Calls RegistryFlorida maintains a no sales solicitation calls registry- Call are register to the hours of 8-9PM- Florida fine up to $10,000 per call- Must state name, phone number and business name.- can not block number- Brokerages MUST obtain the list of phone numbers in the National Do Not Call Registry- Licensees MUST search the National Registry quarterly Internet Advertising- Name of Brokerage must be INMIDIATLY above, below, or adjacent to the Point of Contact of the broker or licensee.Rules of advertising- ALL advertisement MUST have the Brokerage name.- MUST include last name as registered with DBPR, if first name is use- MUST be supervised by their broker- MUST use Full legal name as registered with DBPR if a nickname is use.- Sales Associates can have their cellphone number and personal address on ads