In the State of Florida, there are restrictions on advertising for realtors. Why? Because Florida is the number one destination to which people moved in 2020. From spring of 2020 to spring of 2021, the state gained approximately 300,000 new residents. Obviously, all these new residents needed homes, so the Florida real estate market skyrocketed.
If you are a realtor in Florida, you are probably working to take advantage of the nature of the state’s real estate market by implementing various marketing strategies. However, it is important to know what the restrictions on advertising for realtors are in Florida. In this article, you will find what you need to know.
The Restrictions on Advertising for Realtors in Florida – What You Need to Know
Restrictions for Individual Realtors
Generally, ads in Florida cannot include any fraudulent, false, or otherwise misleading information, which means that, for example, a realtor cannot advertise a particular property if the owner of that property does not intend to sell it as advertised. Similarly, a realtor cannot advertise a property at a particular price if the owner does not intend to sell it for that amount.
A realtor’s ads must make it perfectly clear to third parties that they are operating with a Florida real estate licensee. In addition, a realtor’s ads must include the name of the licensed brokerage firm under which the realtor is working. This requirement applies to both physical ads and ads that are posted on the internet.
If a Florida realtor intends to use a nickname in one of their ads, then they must put the nickname in quotation marks right after their first initial or first name. However, any realtor that uses their last name must use the name they registered with the Florida Real Estate commission.
Restrictions for Teams of Realtors
When it comes to group advertising, the Florida real estate advertising Administrative Code Rule 61J2.10.026, which took effect in July 2019, is the law that establishes the restrictions on advertising for groups and teams of realtors. Under this new law, the ads published by any group or team of realtors must have a designated licensee who is responsible for ensuring the ads comply with chapter 475 of the Florida Statutes, as well as division 61J2 of the Florida Administrative Code. Furthermore, the designated realtor must keep a current record of each of the members of the group or team at least once a month.
When it comes to group or team names, there are specific restrictions realtors should take into account when advertising their properties. For example, the name of a real estate group or team can include the word “group” or “team” as part of the name; however, it cannot include any of the following words:
- LLP or
- Real Estate
In essence, the name cannot include any word that suggests that the group or team is a separate real estate company or brokerage firm. In addition, in the ads published by a group or team of realtors, the name of the group or team must not be bigger than the name of the designated realtor.
Are you a Florida realtor? Do you need help dealing with the restrictions on advertising? If the answer is yes, then you should consider working with an experienced Real Estate Lawyer who can make sure you remain compliant with all applicable laws and regulations. Attorney Romy B. Jurado, Esq. can be that lawyer.