Why do I have to put my company name on MY listing posts!!

For those who occasionally get a ‘friendly reminder’ from me regarding your posts on facebook or twitter that are real estate property related or real estate services related…this blog is for you! The main reason I decided to blog it is that I am tired of writing it repeatedly…so now it will be forever a reference tool!
#1 The NAR Code of Ethics Requires it in Article 12: REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. REALTORS® shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of ALL real estate communications are or have been notified that those communications are from a real estate professional.
#2 Every state law requires the exact same provision as the Code of Ethics. An individual agent cannot advertise properties or services as a real estate licensee without the Company Name of their Broker included in the advertising! This has been the same for years!!!! (Spoken from a 40 year veteran of the industry) So…the ‘I didn’t know that applied to Internet’ does not apply!!!
#3 My previous post referenced the MN DOC and their policing of websites and posts. If there were Whistle Blower incentives, I’d be rich. Every state is monitoring these posts…revenue is important for them now. Some states have adopted the ‘citation’ policy (along with some Boards of REALTORS(R)) which allows an anonymous person to simply report that an agent/broker has posted incorrectly. Then the disciplinary board will send the agent/broker a copy of the violation post along with an envelope in which to return the ‘fine’ to the disciplinary board. That’s it!
#4. So let’s discuss the meaning of the Article 12 and license law and its application. I’ll give you some examples. Article 12 has several standards of practices. We will concentrate on 12-5:

REALTORS® shall not advertise nor permit any person employed by or affiliated with them to advertise listed property in ANY medium (e.g., electronically, print, radio, television, etc.) without disclosing the name of that REALTOR®’s firm in a reasonable and readily apparent manner. This Standard of Practice acknowledges that disclosing the name of the firm may not be practical in electronic displays of limited information (e.g. “thumbnails”, text messages, “tweets”, etc.) Such displays are exempt from the disclosure requirement established in this SOP but only when linked to a display that includes all required disclosures.

So in answer to the question “Why do I have to put my company name on my listing posts?” Read above and let’s evaluate this! The first part of the SOP is clear….it goes EVERYWHERE! The second part of SOP is a little more flexible. In small posts like tweets, etc…as long as you ‘link’ you are fine…but on facebook posts where there is plenty of room to put the company name…you’ll be required to do that. Most states don’t even allow the linking! Remember SOP 12-5 is just COE. So linking to your website post, or Postlets, or your MLS etc does not meet the expectation of Article 12.

#5 In answer to ‘Well it’s on my profile page!” Sorry that doesn’t cut it! Your profile page does not go with you, without linking! Well…here’s a solution. Post your listings on a Business Page, not your personal page…and that is important. The name of your page should include the company, i.e. Marcie Roggow, REALTOR, Real Estate Investment Company. For those states that require ‘licensed in SD’..then add that too. That way, you are covered. If you post on your personal site, even though you have Realtor at XYZ, that is not enough….again, that would require a link, because it’s only YOUR PERSONAL NAME that is next to your picture…not your company name.

#6 On your website your company name has to be on EACH page of the website…not just the front page. This is also part of the COE. It may also be a part of your license law.

So…if you REALLY want to know how to apply all of these rules and provisions of the Code of Ethics…you can take my webinar training or I’m happy to come to your association/BOR or your company! Be safe out there….some one is watching! (But I do sleep about 10 hours a night, so if you are posting while I sleep…you may be safe! LOL)