Advertising rules
Advertising rules protect the public from one thing above all: not knowing who they are dealing with.
Every advertisement
Under Rule 61J2-10.025(1), real estate advertising must:
- be worded so a reasonable person knows they are dealing with a real estate licensee;
- include the licensed name of the brokerage firm; and
- never be fraudulent, false, deceptive or misleading.
An ad that hides that a licensee is behind it, sometimes called a blind ad, fails the first two tests.
The statute backs this up. A licensee who advertises property or services in a fraudulent, false, deceptive or misleading way can be disciplined (Fla. Stat. 475.25(1)(c)). Spreading false or misleading information to sell, lease or rent Florida real estate is also a crime under Fla. Stat. 475.42(1)(n).
The licensee's own name
A licensee does not have to put a personal name in an ad. If they do, it must include at least the licensee's last name, used the way it is registered with the Commission (Rule 61J2-10.025(2)).
Online advertising
The same requirements apply on the internet. On a website, the brokerage firm name must be adjacent to or immediately above or below the point of contact information, meaning any way to reach the firm or the licensee, such as a phone number or email address (Rule 61J2-10.025(3)).
Team and group advertising
Many licensees work in teams. Rule 61J2-10.026 lets them advertise as a team or group, with limits:
| Requirement | What it means |
|---|---|
| Same brokerage | Team members work under the same broker or brokerage |
| Designated licensee | Each team files with the broker the name of a licensee responsible for its ads |
| Broker's records | The broker keeps a written list of each team's members, updated at least monthly |
| Allowed words | "Team" or "Group" |
| Banned words | Agency, Associates, Brokerage, Brokers, Company, Corporation, Corp., Inc., LLC, LP, LLP, Partnership, Properties, Property, Real Estate, Realty, or anything similar suggesting a separate brokerage or company |
| Print size | The team name may not be larger than the brokerage name |
The ad must also make clear to a reasonable person that they are dealing with a team or group. None of this relieves the broker of the broker's own duties under Chapter 475.
Putting it together
Picture a postcard that reads "The Lee Group, call 555-0100" with no brokerage name. It breaks the rule twice: the firm's licensed name is missing, and a reader has no way to tell a licensee sent it. Adding the brokerage name in print at least as large as "The Lee Group" fixes both.