By Sarah Louppe Petcher, NVAR General Counsel and Katie Barnes, Law Clerk

As the market gets hot(ter), there are a few rules to remember when advertising yourself and your listings, whether electronically or through traditional methods. Above all, don’t forget to comply with Article 12 of the Code of Ethics, which requires that you be truthful in your advertising and that you disclose your status as a real estate professional. Beyond this underlying requirement, here are answers to some often-asked advertising questions.

Q: How much touching up of property photos is too much?

As we all know, there is only one chance to make a first impression, so pictures posted in the MLS should show a property at its best. You should, however, be careful of “touching up” photos, and avoid making any changes that alter the property’s physical condition, like erasing cracks or filling in holes. You should also be aware of the MRIS “Photo Upload Terms of Use.”  By agreeing to the “Terms of Use,” you give MRIS a copyright over all photos you upload.  You cannot submit a photo without having the authority to assign it to MRIS, nor can you transfer a photo uploaded from one listing to another.

Q: I want to place directional signs to a property. What can I do?

There are certain rules regarding signage that you must keep in mind. Generally, you should avoid posting any signs in the public right of way or offsite, as you risk incurring a fine and/or having your sign confiscated. You should always obtain permission from home owners or property owners and abide by Home Owners’ regulations before posting your signs. Any signs you post should be free-standing, stationary and should not light up.

In Fairfax County, signs cannot be up for more than three consecutive days. Legislation has been passed allowing the county to select which three days are permissible, but the county has yet to enact it. For now, your sign can go up one day but come down three days later. In Alexandria, you must remove onsite signs 30 days after settlement, and you must get a permit for any offsite sign if it is up for more than three days.

In Arlington, onsite signs must be removed within 20 days of settlement, and you may post your offsite sign only on weekends (sundown Friday to sundown Sunday) and on legal holidays. If you are in Falls Church, you must remove your onsite sign within one week of occupancy, and your offsite signs are only permitted on Saturdays, Sundays and holidays. Loudon County allows the posting of two onsite signs on property that is 10 acres or more. Offsite signs may only be posted on private property for two days on weekends and one half-day during the week.

Q: I have seen “Coming Soon” signs up for months. What is a reasonable use for a “Coming Soon” sign?

You should be particularly careful about using “Coming Soon” signs. While some agents use these riders legitimately, other agents use them as a way to pocket listings. If you want to use a “Coming Soon” sign, to comply with the Code of Ethics you must use it properly and make sure it discloses certain information. Normally, you must enter the property into MRIS within 48 hours of signing the listing agreement.

You may, however, post a “Coming Soon” sign before listing the property in MRIS if your client tells the listing company to withhold entering the listing. As an agent, you may recommend that your client withhold it if he or she has a legitimate reason for keeping the property off the market. Repairs are an example of a legitimate reason. An illegitimate reason would be keeping the property off the market to give you or your firm sole access to the property. 

Q: Are the requirements different for electronic advertising?

When you advertise electronically, you should keep certain things in mind. For example, Article 12 prohibits you from posting misleading information on your website(s) or using misleading URLs or domain names that would present less than a true picture.

Remember that anytime you advertise online, such as on bulletin boards and message boards like craigslist, only the seller and you as the listing agent have the authority to advertise property. Keep in mind that the guidelines you must adhere to when you are advertising as an individual differ from those that apply when you are advertising as a company.

If you are advertising as an individual or associate broker, the advertisement must include your licensed name, your firm’s licensed name, the city and state of the office that holds your license, and the jurisdiction(s) where you hold your license. You must use your name as it appears on your license, unless you have registered a “Doing Business As” name with DPOR.

If you are a brokerage company, you must include the firm’s licensed name, the city and state of its main office, and the jurisdiction(s) where the firm is licensed.

Article 12 requires that you either provide this information at the beginning or the end of the advertisement, or provide a link so that the recipient can access this information within “one click.”

Since disclosure rules vary depending on the type of online advertisement, please review 18 VAC 135-20-190 C 2 (a-f) of the VREB Rules and Regulations for more information.

Q: How about fax and e-mail advertising campaigns?

Special rules also apply when you choose to advertise by email or fax. When sending commercial advertisements by email, you must make sure it is clear that the message is an advertisement. The header must correctly identify who the sender is, and the email’s subject line cannot be misleading.

You must also provide a valid physical mailing address, as well as an easy way for the recipient to opt out of receiving the advertisement. If a recipient opts out, you are required by law to stop sending that recipient emails within 10 days.

Before sending commercial advertisements by fax, you must first receive the recipient’s permission. If you already have an established business relationship with the recipient, you may advertise via fax if you obtained the fax number either from the recipient, from the recipient’s advertising, or from a third party with the recipient’s consent.

On the first page of the fax, you must both inform the recipients that they can opt out and provide necessary contact information (telephone number, fax number and a cost-free mechanism, such as email). If the recipient opts out, you must stop sending fax advertisements to that recipient within 30 days.
 
Q: I want to start using Social Media to advertise my business. Are there specific requirements?

Social media is another widely used means of electronic advertising. If you choose to advertise on social media websites, to comply with state rules you must indicate your firm’s name in the advertisement, even if the advertisement does not include a listing. If you advertise through message postings on social media sites, you do not have to list your firm’s name as long as you provide a link so that your firm’s name is “one click away.” If you advertise through a blog, you must delete or correct false or misleading statements posted by a third party. 

Q: When should I use the Realtor® logo or the term Realtor®?

While you are strongly encouraged to use the REALTOR® logo or the term "REALTOR®" in your advertisements, this is not required. You are required, however, to state your professional status, such as principal broker, associate broker, appraiser, sales associate, property manager, real estate licensee, etc. If you do choose to use the logo, you must include the registered trademark symbol “®.”