IDENTIFICATION IN ADVERTISING MATERIAL 2017

NEWSLETTER

IDENTIFICATION IN ADVERTISING MATERIAL 2017

General Advertising.

Advertising requirements have been in a constant state of uncertainty since they became a legislative concern in 2008.

In 2016, California Association of Realtors® sponsored AB1650 which clarified standardized disclosure requirements as follows:
1. Requires real estate agents to include the following information on all “Solicitation Material:”
a. real estate agent’s name;
b. real estate agent’s license number; and
c. broker’s identify (company name or broker’s name).
2. “Solicitation Material” is intended to mean the following materials intended to be the point of first contact with consumers:
a. business cards;
b. stationary;
c. advertising flyers;
d. advertisements in print, radio or internet; or
e. “for sale,” “for lease,” “open house” and directional signs (“Signs” ).
3. However, Signs that provide broker’s identity (company name or broker’s name) are not required to contain the real estate agent’s name or license number.

Fictitious Business Name Advertising.

SB 710 makes technical changes to fictitious business names and team names and
requires as follows:

1. Fictitious Business and Team Advertising must contain either company name or broker’s license number, not both. Prior law required both.

A licensed salesperson can now file for his own fictitious business name without the broker. The salesperson will need to file the Add/Cancel Salesperson Owned Fictitious Business Name form with BRE prior to using the Fictitious Business Name (see BRE form RE 247).

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