There are advertising and marketing standards, laws, and guidelines that apply to real estate which you must be aware of and follow from local to national levels. The way you sell or advertise your services, listings, and other things is also regulated. These rules can change over time, so it's critical to pay attention to what you can and cannot do when it comes to your own real estate marketing because you ultimately don't want to run the danger of obtaining any sort of warning, violations, penalties or even potential license suspensions.






ALL ADVERTISING, INTERNET, BLOGS, LANDING PAGES, SOCIAL MEDIA PAGES, etc., MUST BE REVIEWED BY THE BROKER BEFORE PUBLISHING. DESERT DREAM REALTY SHALL NOT BE RESPONSIBLE FOR COSTS INCURRED BY AGENTS TO CORRECT AND OR COMPLY WITH ADVERTISING GUIDELINES OF THE STATE LAWS OR THE CORPORATE IDENTITY GUIDELINES OF DESERT DREAM REALTY.






ADVERTISING GUIDELINES RECENT CHANGES:






COMMON ADVERTISING MISTAKES

Brokerage name and Fair Housing Logo or the words "Equal Housing Oopportunity" must be on any and all marketing materials and advertising, including printed or internet, flyers, ads, videos, social media pages & posts, email signatures, etc. If advertising a listing you must also include the property address, MLS number, and fair housing logo or the words "Equal Housing Opportunity".

This includes:

  • Your personal websites, Facebook, and other social media covers and pages that you are using for business.
  • Video - ALL videos must have brokerage information at the beginning and end of videos.
  • If doing Facebook live or other live videos, must state the brokerage name and who you are at the beginning of the video. "Hi, my name is (Name of Agent) and I am a real estate agent (with Team Name) at Desert Dream Realty in Cave Creek, AZ. Today we are touring the property at (address of property)".
  • Any videos of homes that have been SOLD must be marked SOLD or removed from where it has been posted!
  • MLS numbers must be on ALL advertising of homes or property for sale, rent, or lease including online and printed ads/flyers.
  • REALTOR® - must be in all caps with the registered mark only if it is after your name (John Smith, REALTOR®) How to type ®: On Windows: Hold down the ALT key and type 0174 on the keypad On Mac OS: Hold down the Option key and press R.
  • The DESERT DREAM REALTY logo needs to be prominent.
  • Missing Fair Housing Logo or statement "Equal Housing Opportunity" from marketing piece. The minimum size of the Equal Housing Logo is ½"x ½" if printed.





ALL ADVERTISING MUST BE EMAILED AND APPROVED BY YOUR BROKER BEFORE PUBLISHING OR PRINTING!

Here are some important places you should look for Rules and Guidelines.



Arizona Department of Real Estate (ADRE) https://azre.gov/ - There is an entire page on Real Estate Advertising Rules and Guidance at the Arizona Department of Real Estate website.... (https://azre.gov/news/real-estate-advertising-rules-guidance) This page includes information about frequent advertising violations, social media, internet activity, emails and texts about property or real estate services, broker guidelines, and more. These regulations are outside of the NAR guidelines.


National Association of Realtors (NAR) https://www.nar.realtor/ - On their site you can find a variety of helpful resources, including:


Housing and Urban Development (HUD) Fair Housing Rules: https://www.hud.gov/program_offices/fair_housing_equal_opp - Links to the Fair Housing Rights and obligations, the Fair Housing Act, and more.


Arizona Department of Housing (ADOH) Fair Housing: https://housing.az.gov/general-public/fair-housing - Education and training of fair housing laws in Arizona.


Arizona Multiple Listing Service (ARMLS) https://armls.com/ - ARMLS is the main MLS for the Valley, but it you work outside that area, you are responsible for finding out the rules in each one you are using.... Here is a revised PDF of ARMLS rules and regulations from 2-14-2023 - https://armls.com/docs/armls-rules-regulations.pdf


Here are some notable changes:


Other helpful information:



Don't forget your broker can set guidelines too and these guidelines can change without notice.

  • ALL ADVERTISING MUST BE APPROVED BY YOUR BROKER!!
  • Your website, blogs, landing pages, social media pages, email campaigns, or the like MUST be submitted to the Broker for review and approval.
  • You cannot advertise ANY services for FREE. No market analysis or free reports of any kind. No offers of anything free. Use "No-Obligation" instead of Free.
  • The full name of Desert Dream Realty must be in all advertising including the address and phone number.
  • Desert Dream Realty does not allow co-advertising with affiliates. Complaints to ADRE regarding this issue are forwarded to FTC prompting an inquiry and explanation.
  • You cannot advertise other Brokers' listings without written permission. If you want to advertise another agent's listings, please ask the agent.
  • Your business cards must include your office address and phone number, Desert Dream Logo, etc.
  • You need a letter from the builder for permission to advertise their properties or to use or take photos of their properties.
  • Commission rates cannot be advertised per your Broker.
  • Equal Housing logo or wording "Equal Housing Opportunity" needs to be displayed on all advertising larger than 3"x3". (Minimum size of the Equal Housing Logo is ½"x ½" if printed.


The Regulations and Guidelines for advertising as per the Arizona Department of Real Estate are as follows: (Most recently updated on March 8, 2023):



Real Estate Advertising Rules & Guidance
By Commissioner Louis Dettorre, Arizona Department of Real Estate K. Michelle Lind, Esq., Arizona REALTORS ® Chief Executive Officer


The Arizona Department of Real Estate (ADRE) and the Arizona REALTORS® frequently receive questions and complaints about real estate advertising. The ADRE also often finds advertising violations during an audit.


Frequent Advertising Violations:

  • Failure to identify the Employing Broker in a clear and prominent manner.
  • Social media posts that constitute advertising and fail to identify the Employing Broker in a clear and prominent manner.
  • Branch Office signage that fails to identify the Employing Broker using the legal name as licensed with the Department or the doing business as name in a clear and prominent manner.
  • Team advertising that fails to identify the Employing Broker in a clear and prominent manner.


Addressing an advertising violation can be costly and time-consuming – and easily avoided. This article and the accompanying advertising checklist are intended to assist real estate licensees comply with Arizona law and the ADRE Commissioner’s Rules on advertising, as well as answer questions about what is required in real estate adverting.


Arizona Real Estate Law Defines "Advertising" as:

  • The attempt by publication, dissemination, exhibition, solicitation or circulation, oral or written, or for broadcast on radio or television.
  • To induce directly or indirectly any person to enter into any obligation or acquire any title or interest in [real property] including the land sales contract to be used.
  • Any photographs, drawings, or artist’s presentations of physical conditions or facilities existing or to exist on the property.

Consider the following rules and guidelines when advertising real property, either as an entity, an individual or as a member of a real estate team.


Generally, advertising does not include (a) press releases or other communications delivered to news media for general information or public relations purposes for no charge; or (b) communications to stockholders as specified in the statute. A.R.S. §32-2101(2). The Arizona Department of Real Estate Commissioner’s Rules, A.A.C. R4-28-502, set forth the rules for real estate advertising.

Consider the following rules and guidelines when advertising real property, either as an entity, an individual or as a member of a real estate team.


Social Media, Internet Activity, Emails, and Texts about Property or Real Estate Services Are Advertising: The ADRE Commissioner’s Rules specify that the use of an electronic medium, such as the Internet or website technology that targets Arizona residents with the offering of a property interest or real estate brokerage services pertaining to property located in Arizona also constitutes advertising. A.A.C. R4-28-502(L) (See also, A.R.S. §32-2163(D)). Thus, online advertising and marketing via text and short message services (SMS) are subject to the same rules as print advertising.


The Employing Broker Must be Identified in a Clear and Prominent Manner: A licensee must ensure that all advertising identifies, in a clear and prominent manner, the employing broker’s legal name or the dba name contained on the employing broker’s license certificate. A.A.C. R4-28-502(E). The employing broker is the corporation, limited liability company, partnership, or sole proprietorship licensed as the broker. The employing broker designates a natural person to act as the designated broker. The rule requiring clear and prominent identification of the employing broker ensures that the public is made aware of the person or entity responsible for supervision.


The employing broker’s name must be included in all print, TV, and online advertisements, including email marketing, search engine marketing, classified ads, real estate advertising guides, and other magazine ads.

  • The employing broker’s name must be spelled out in its entirety. For example, if an employing broker’s legal or DBA name on a license includes “Southeast Valley,” that is what must appear in the ad; simply saying “SE” is not sufficient.
  • If the brokerage is an office of a franchise, the office must be identified; simply displaying the franchise name alone is not sufficient.



Follow These “Clear and Prominent” Employing Broker Guidelines: Although “clear and prominent” is a somewhat subjective term, it means “readily noticeable,” which may relate to font size or position in relation to the size or placement of the other text in the ad, TV commercial, social media post, email, website, etc.



Consider the following rules and guidelines:

  • Teams: Teams must comply with all the same advertising rules as individuals. With team advertising, it must be clear that the team is a part of the employing brokerage. For example, placing “The (Team Name) Team” at the top of the page in large letters with a much smaller brokerage symbol somewhere below is not sufficient. Team signage and advertising that includes unlicensed persons must identify them as being unlicensed.
  • Social Media: When advertising real property on social media, such as Facebook, Instagram, LinkedIn, and YouTube, the name of the employing broker must be stated. When advertising real property in “thumbnails”, text messages, “tweets”, etc., where stating the name of the employing broker firm is not practical, the advertising information being linked to must include the name of the employing broker.
  • Websites: The employing broker’s name must be visible on the front page of the website and each subsequent page of the website, without the necessity of scrolling down, regardless of the screen size of the computer.
  • Flyers: In advertising flyers, the employing broker’s name may be located on either the top or the bottom of the flyer however the employing broker’s name must be clearly legible.
  • Other Promotional Material: On any other promotional material, the employing broker’s name must be on the front page or front of the object.



“Blind Ads” Are Prohibited: A licensee must not advertise property in a manner that implies that no salesperson or broker is taking part in the offer for sale, lease, or exchange. A.A.C. R4-28-502(A). In other words, “blind ads”, including advertising a property for sale without the broker and agent’s names, in newspapers, mailers, roadside signs, on Craigslist, or otherwise is prohibited.


“Owner/Agent” Disclosure Is Required: Any licensee advertising their own property for sale, lease, or exchange must disclose the licensee’s status as a salesperson or broker and as the property owner by placing the words “owner/agent” in the advertisement. A.A.C. R4- 28-502(B). When advertising your own property, include “owner/agent” in all advertising, including any “for sale” sign.


Claims Must be Accurate: A licensee must ensure that all advertising contains accurate claims and representations and fully states factual material relating to the information advertised. A salesperson or broker must not misrepresent the facts or create misleading impressions. A.A.C. R4-28-502(C).


Advertising another Licensee’s Listing Must Include the Listing Broker: A licensee advertising property that is the subject of another licensee’s real estate employment agreement must display the name of the listing broker in a clear and prominent manner. A.A.C. R4-28-502(F).


“For Sale” Signs Require the Seller’s Consent and Must be Promptly Removed: Before placing or erecting a sign giving notice that a specific property is being offered for sale, lease, rent, or exchange, a salesperson or broker must secure the written authority of the property owner, and the sign must be promptly removed when authority expires, or upon request of the property owner. ARS§ 32-2153(12); A.A.C. R4-28-502(I).


An “Acre” Must Refer to 43,560 Square Feet: A licensee must not use the term “acre,” either alone or modified unless referring to an area of land representing 43,560 square feet. A.A.C. R4-28-502(H).


Requirements for Trade Names Must Be Followed: Any broker using a trade name owned by another person on signs displayed at the place of business must place the broker’s name, as licensed by the Department on the signs; and the broker must include the following legend, “Each (TRADE NAME or FRANCHISE) office is independently owned and operated,” or a similar legend approved by the Commissioner, in a manner to attract the attention of the public. ARS §32-2126; A.A.C. R4-28-502(K).


Broker Supervision Is Required: The designated broker must supervise all advertising, for real estate, cemetery, or membership camping brokerage services. A.A.C. R4-28-502(G). An employing broker and a designated broker shall exercise reasonable supervision and control over the activities of brokers, salespersons, and others in the employ of the broker through the establishment and enforcement of written policies, procedures, and systems. R4-28- 1103(A)(5).


Real Estate Schools Must Also Comply with Advertising Requirements: A school must include its name, address, and telephone number in all advertising of Department-approved courses. The school owner, director, or administrator must supervise all advertising and the school owner must ensure that the school’s advertising is accurate. A.A.C. R4-28-502(D).


The ADRE Can Provide Guidance or Issue Sanctions: The ADRE receives numerous advertising complaints each month, primarily from other licensees, and will sanction those licensees in violation of the advertising rules. Therefore, if you have a question about your advertising practices, please contact your broker or the Department at https://azre.gov/message-center for guidance.


Finally, if you notice a possible advertising violation by another licensee, consider contacting the person or the broker about the issue before filing a complaint.